Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Sean VICKERS, also known as Sean M. Vickers, also known as Sean Michael Vickers, Defendant–Appellant. (Appeal No. 2.).
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Benjamin L. Nelson of Counsel), for defendant-appellant. Lawrence Friedman, District Attorney, Batavia (Shirley A. Gorman of Counsel), for respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Benjamin L. Nelson of Counsel), for defendant-appellant.
Lawrence Friedman, District Attorney, Batavia (Shirley A. Gorman of Counsel), for respondent.
Same memorandum as in People v. Vickers (Appeal No. 1), –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2017 WL 1115481 (Mar. 24, 2017).
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by reversing those parts convicting defendant of sodomy in the first degree and two counts of criminal sexual act in the first degree and dismissing counts one, two and six of the amended indictment without prejudice to the People to re-present any appropriate charges under those counts to another grand jury, and as modified the judgment is affirmed.
CARNI, J.P., LINDLEY, NEMOYER, TROUTMAN, and SCUDDER, JJ., concur.