SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 5, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a resentence of the Oneida County Court (Michael L. Dwyer, J.), rendered October 8, 2010.
People v Allen
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 October 5, 2012
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
Defendant was resentenced upon his conviction of robbery in the first degree.
It is hereby ORDERED that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Oneida County Court for further proceedings in accordance with the same Memorandum as in People v Allen ([appeal No. 1] ___ AD3d ___ [Oct. 5, 2012]). Entered: October 5, 2012 Frances E. Cafarell Clerk of the Court
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