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The People of the State of New York, Respondent v. David J. Ditucci

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DAVID J. DITUCCI, DEFENDANT-APPELLANT.(APPEAL NO. 2.)

Appeal from a resentence of the Monroe County Court (Elma A. Bellini, J.), rendered August 8, 2008. Defendant was resentenced to a determinate term of six years with five years postrelease supervision upon his conviction of assault in the second degree.

People v Ditucci

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 10, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.

Same Memorandum as in People v Ditucci ([appeal No.1] ___ AD3d ___ [Feb. 10, 2011]).

Entered: February 10, 2011

Patricia L. Morgan Clerk of the Court

20110210

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