THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RICKY BAKER, DEFENDANT–APPELLANT. (APPEAL NO. 2.)
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 Wayne County Court for resentencing.
Same Memorandum as in People v. Baker ( [appeal No. 1] _ AD3d _ [Sept. 30, 2011] ).
Patricia L. Morgan
Clerk of the Court