Opinion
818 KA 16–02263
06-15-2018
The PEOPLE of the State of New York, Respondent, v. TYLER L.E., Defendant–Appellant. (Appeal No. 2.)
WENDY S. SISSON, GENESEO, FOR DEFENDANT–APPELLANT. KEITH A. SLEP, DISTRICT ATTORNEY, BELMONT (J. THOMAS FUOCO OF COUNSEL), FOR RESPONDENT.
WENDY S. SISSON, GENESEO, FOR DEFENDANT–APPELLANT.
KEITH A. SLEP, DISTRICT ATTORNEY, BELMONT (J. THOMAS FUOCO OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Allegany County Court for resentencing.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the third degree ( Penal Law § 160.05 ) and criminal possession of a weapon in the fourth degree (§ 265.01[1] ). Contrary to defendant's contention, the sentence imposed on the count of robbery in the third degree is not unduly harsh or severe. Nevertheless, County Court erred in failing to impose a sentence for each count of which defendant was convicted (see CPL 380.20 ). We therefore modify the judgment by vacating the sentence, and we remit the matter to County Court for resentencing (see People v. Sturgis, 69 N.Y.2d 816, 817–818, 513 N.Y.S.2d 961, 506 N.E.2d 532 [1987] ; People v. Bradley, 52 A.D.3d 1261, 1262, 859 N.Y.S.2d 575 [4th Dept. 2008], lv denied 11 N.Y.3d 734, 864 N.Y.S.2d 393, 894 N.E.2d 657 [2008] ).