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. JESSE J. BARNES, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 14–01807

Decided: May 06, 2016

PRESENT:  CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, AND SCUDDER, JJ. LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA, FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the resentence so appealed from is unanimously modified on the law by vacating the resentence imposed for grand larceny in the third degree under count two of the indictment, and as modified the resentence is affirmed, and the matter is remitted to Ontario County Court for sentencing on the conviction of petit larceny under count two of the indictment.

Same memorandum as in People v. Barnes ( [appeal No. 1] _ AD3d _ [May 6, 2016] ).

Frances E. Cafarell

Clerk of the Court