Opinion
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.
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.
Opinion
Same memorandum as in People v. McKnight, (Appeal No. 1) 129 A.D.3d 1459, 12 N.Y.S.3d 681, 2015 WL 3648434 (June 12, 2015).
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.
CENTRA, J.P., CARNI, SCONIERS, VALENTINO, and WHALEN, JJ., concur.