PEOPLE v. VENTURA (2019)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Mark Hamilton VENTURA, Appellant.

2016-1641 P CR

Decided: March 21, 2019

PRESENT: THOMAS A. ADAMS, P.J., TERRY JANE RUDERMAN, ELIZABETH H. EMERSON, JJ

Cuddy & Feder, LLP (Andrew Schriever of counsel), for appellant. Goldsand & Cinque, Esqs. (Robert A. Cinque of counsel), for respondent.

ORDERED that the judgment of conviction is modified, on the law, by vacating the conviction of violating chapter 175 of the Philipstown Town Code with respect to conduct occurring on October 21, 2013 (count 3), vacating the sentence imposed thereon, and dismissing that count of the accusatory instrument, and the fine imposed thereon, if paid, is remitted; as so modified, the judgment of conviction is affirmed.

For the reasons stated in People v. Ricky Nelson Ventura ( ––– Misc 3d ––––, 2019 NY Slip Op. –––– [appeal No. 2016-1640 P CR], decided herewith), the judgment of conviction is modified by vacating the conviction of violating chapter 175 of the Philipstown Town Code with respect to conduct occurring on October 21, 2013 (count 3), vacating the sentences imposed thereon, and dismissing that count of the accusatory instrument.

ADAMS, P.J., RUDERMAN and EMERSON, JJ., concur.

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