SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 29, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Monroe County (Joseph D. Valentino, J.), entered June 19, 2009.
People v Worth
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 April 29, 2011
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, GORSKI, AND MARTOCHE, JJ.
(APPEAL NO. 2.)
The order denied the motion of defendant to vacate his sentence pursuant to CPL 440.20.
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law, the motion
is granted, the sentence is set aside and the matter is remitted to Supreme Court, Monroe County, for
the filing of a predicate felony statement and resentencing.
Same Memorandum as in People v Worth ([appeal No. 1] ___ AD3d ___ [Apr. 29, 2011]).
Entered: April 29, 2011
Patricia L. Morgan Clerk of the Court
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