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. JASON L. LOPER, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 12–02200

Decided: June 20, 2014

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND WHALEN, JJ.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT–APPELLANT. BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence imposed and as modified the judgment is affirmed, and the matter is remitted to Steuben County Court for the filing of a predicate felony offender statement and resentencing.

Same Memorandum as in People v. Loper ( [appeal No. 1] _ AD3d _ [June 20, 2014] ).

Frances E. Cafarell

Clerk of the Court

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