Opinion
06-10-2016
The PEOPLE of the State of New York, Respondent, v. Frank M. THOMAS, Defendant–Appellant. (Appeal No. 2.).
David J. Farrugia, District Attorney, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant. Frank M. Thomas, Defendant–Appellant Pro Se. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered July 16, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the third degree.
David J. Farrugia, District Attorney, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant.
Frank M. Thomas, Defendant–Appellant Pro Se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law, the sentence is vacated, and the matter is remitted to Niagara County Court for further proceedings in accordance with the same memorandum as in People v. Thomas (Appeal No. 1), 140 A.D.3d 1615, 32 N.Y.S.3d 762, 2016 WL 3203503 (June 10, 2016).
WHALEN, P.J., PERADOTTO, LINDLEY, DeJOSEPH, and NEMOYER, JJ., concur.