THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAYMOND BRYANT, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 10–02191

Decided: May 09, 2014

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 Monroe County Court for further proceedings in accordance with the same Memorandum as in People v. Bryant ( [appeal No. 1] _ AD3d _ [May 9, 2014] ).

Frances E. Cafarell

Clerk of the Court

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