Opinion
Argued March 23, 2010.
decided May 6, 2010.
APPEAL, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered April 24, 2009. The Appellate Division (1) modified, on the law, a judgment of the Oneida County Court (Michael L. Dwyer, J.), which had convicted defendant, upon a jury verdict, of criminal possession of a weapon in the fourth degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fifth degree, and unlawful possession of marihuana, and (2) remitted the matter to County Court for resentencing on count five of the indictment. The modification consisted of vacating the sentence imposed for unlawful possession of marihuana. The Appellate Division affirmed the judgment as modified.
People v Scully, 61 AD3d 1364, affirmed.
Frank J. Nebush, Jr., Public Defender, Utica ( Mark C. Curley and Esther Cohen Lee of counsel), for appellant.
Scott D. McNamara, District Attorney, Utica ( Steven G. Cox of counsel), for respondent.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.