Opinion
1375 KA 08-02460.
12-23-2015
The PEOPLE of the State of New York, Respondent, v. Angel CRUZ, also known as John Doe, Defendant–Appellant. (Appeal No. 2.).
Charles T. Noce, Conflict Defender, Rochester (Shirley A. Gorman of Counsel), for Defendant–Appellant. Eric T. Schneiderman, Attorney General, Albany (Dennis A. Rambaud of Counsel), for Respondent.
Charles T. Noce, Conflict Defender, Rochester (Shirley A. Gorman of Counsel), for Defendant–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Dennis A. Rambaud of Counsel), for Respondent.
Opinion
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed on the first count of the indictment and as modified the judgment is affirmed and the matter is remitted to Monroe County Court for further proceedings in accordance with the same memorandum as in People v. Cruz (Appeal No. 1) ––– A.D.3d ––––, –––N.Y.S.3d ––––, 2015 WL 9309545 (Dec. 23, 2015).
SCUDDER, P.J., CENTRA, CARNI, VALENTINO, and DeJOSEPH, JJ., concur.