Opinion
202 KA 22-00044
06-30-2023
The PEOPLE of the State of New York, Respondent, v. David L. VANDERHOEF, Defendant-Appellant. (Appeal No. 3.)
CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT. BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.
CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT.
BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., LINDLEY, MONTOUR, OGDEN, AND GREENWOOD, JJ.
MEMORANDUM AND ORDER
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 by vacating the fine imposed on count one of the indictment and as modified the judgment is affirmed.
Same memorandum as in People v. Vanderhoef [appeal No. 1], ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2023 WL 4283674 (June 30, 2023) (4th Dept. 2023).