People v Motley
2008 NY Slip Op 08803 [56 AD3d 1158]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


The People of the State of New York, Respondent, v John Motley, Appellant. (Appeal No. 2.)

—[*1] David Giglio, Utica, for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a resentence of the Oneida County Court (Michael L. Dwyer, J.), rendered November 10, 2005. Defendant was resentenced upon his conviction of sexual abuse in the first degree (two counts).

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Motley (56 AD3d 1158 [2008]). Present—Hurlbutt, J.P., Centra, Peradotto, Green and Gorski, JJ.