People v Quigley

People v Quigley 2010 NY Slip Op 01218 [70 AD3d 1412] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

The People of the State of New York, Respondent, v Allan Quigley, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), for respondent.

Appeal from a resentence of the Erie County Court (Thomas P. Amodeo, J.), rendered February 5, 2008. Defendant was resentenced as a second felony offender upon his conviction of criminal mischief in the third degree and possession of burglar's tools.

It is hereby ordered that the resentence so appealed from is unanimously modified on the law by vacating the sentence imposed on count one of the indictment and as modified the resentence is affirmed.

Same memorandum as in People v Quigley (70 AD3d 1411 [2010]). Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.