| People v Gardner |
| 2006 NY Slip Op 00719 [26 AD3d 904] |
| Decided on February 3, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.
23KA 05-01138
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
SAMUEL J. GARDNER, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a resentence of the Orleans County Court (James P. Punch, J.), rendered March 7, 2005. Defendant was resentenced following his conviction, upon a jury verdict, of arson in the third degree and attempted grand larceny in the second degree.
TULLY, RINCKEY & ASSOCIATES, PLLC, ALBANY (COURTNEY E. HOLBROOK OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION, FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the resentence so appealed from be and the same hereby is unanimously affirmed.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court