THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LAMONT VALION DEFENDANT APPELLANT (2026)

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 Supreme Court, Monroe County, for resentencing.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of one count of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), one count of assault in the first degree (§ 120.10 [1]), two counts of criminal possession of a weapon in the second degree (§ 265.03 [1] [b]; [3]), one count of falsifying business records in the first degree (§ 175.10), and one count of falsely reporting an incident in the third degree (§ 240.50 [1]).

As defendant contends and the People correctly concede, Supreme Court erred in failing to “pronounce sentence on each count” of the conviction (CPL 380.20; see People v Brady, 195 AD3d 1545, 1546 [4th Dept 2021], lv denied 37 NY3d 970 [2021]). That failure requires that we modify the judgment by vacating the sentence and remit the matter for resentencing, notwithstanding the fact that the certificate of disposition reflects that distinct periods of time were imposed upon each count (see generally People v Gause, 230 AD3d 1573, 1577 [4th Dept 2024], lv denied 43 NY3d 930 [2025]). In light of our determination, we do not address defendant's contention that his sentence is unduly harsh and severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court