Opinion
KA 01-00864
December 30, 2002.
Appeal from a judgment of Niagara County Court (Sperrazza, J.), entered March 30, 2001, convicting defendant upon his plea of guilty of attempted robbery in the second degree.
JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (LEONARD G. TILNEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
KEITH R. WHITE, DEFENDANT-APPELLANT PRO SE.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, SCUDDER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed and the matter is remitted to Niagara County Court for resentencing in accordance with the same Memorandum as in People v. White ([appeal No. 1] 300 A.D.2d 1100 [Dec. 30, 2002]).