People v. McKnight

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN C. MCKNIGHT…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 12, 2015

2015 N.Y. Slip Op. 4962 (N.Y. App. Div. 2015)

Opinion

517 KA 13-01759

06-12-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN C. MCKNIGHT, JR., ALSO KNOWN AS STEVEN C. MCNIGHT, JR., DEFENDANT-APPELLANT. (APPEAL NO. 2.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

CENTRA, J.P., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.

PRESENT:

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered July 29, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence imposed, and as modified the judgment is affirmed, and the matter is remitted to Genesee County Court for resentencing.

Same memorandum as in People v McKnight ([appeal No. 1] ___ AD3d ___ [June 12, 2015]).

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court