People v. Regatuso

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL J. REGATUSO…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 17, 2016

2016 N.Y. Slip Op. 4837 (N.Y. App. Div. 2016)

Opinion

513 KA 15-01366

06-17-2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL J. REGATUSO, II, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (DANIELLE C. WILD OF COUNSEL), FOR DEFENDANT-APPELLANT. DONALD G. O'GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

CENTRA, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

PRESENT:

EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (DANIELLE C. WILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD G. O'GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.), rendered May 13, 2015. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the third degree (seven counts), criminal possession of a controlled substance in the third degree (seven counts) and conspiracy in the fourth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the fines imposed for criminal possession of a controlled substance in the third degree under counts 3, 5, 7, 9, 11, 13, and 15 of the indictment and as modified the judgment is affirmed.

Same memorandum as in People v Regatuso ([appeal No. 1] ___ AD3d ___ [June 17, 2016]).

Entered: June 17, 2016

Frances E. Cafarell

Clerk of the Court