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The People of the State of New York v. Michael A. Cady

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


February 1, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
MICHAEL A. CADY,
DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal from a resentence of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered January 19, 2010.

People v Cady

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.

Released on February 1, 2013

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

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

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

Same Memorandum as in People v Cady ([appeal No. 1] ___ AD3d ___ [Feb. 1, 2013]).

Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court

20130201

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