THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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

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

KA 10–01917

Decided: September 30, 2011

PRESENT:  SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ. ROBERT TUCKER, PALMYRA, FOR DEFENDANT–APPELLANT. RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (MELVIN BRESSLER 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 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