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

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Supreme Court, Appellate Division, Fourth Department.

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

KA 11–00474

Decided: November 18, 2011

PRESENT:  CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ. MICHAEL B. JONES, BUFFALO, FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.

Same Memorandum as in People v. Nunes ( [appeal No. 1] _ AD3d _ [Nov. 18, 2011] ).

Patricia L. Morgan

Clerk of the Court