SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
September 30, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V RICKY BAKER,
Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered April 1, 2010.
People v Baker
Decided on September 30, 2011 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.
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ.
(APPEAL NO. 2.)
The judgment convicted defendant, upon a jury verdict, of arson in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by
vacating the sentence and as modified the judgment is affirmed and the matter is remitted to Wayne
County Court for resentencing.
Same Memorandum as in People v Baker ([appeal No. 1]
___ AD3d ___
[Sept. 30, 2011]).
Entered: September 30, 2011
Patricia L. Morgan Clerk of the Court
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