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The People of the State of New York, Respondent v. Jason M. Stubbs

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


June 8, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JASON M. STUBBS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal from a resentence of the Monroe County Court (Elma A. Bellini, J.), rendered October 31, 2006.

People v Stubbs

Decided on June 8, 2012

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: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

Defendant was resentenced upon his conviction of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.

It is hereby ORDERED that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Monroe County Court for the filing of a predicate felony offender statement and resentencing.

Same Memorandum as in People v Stubbs ([appeal No. 1] ___ AD3d ___ [June 8, 2012]). Entered: June 8, 2012 Frances E. Cafarell Clerk of the Court

20120608

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