People v Gardner
2009 NY Slip Op 00844 [59 AD3d 994]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent, v Jacob A. Gardner, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Appeal from a resentence of the Monroe County Court (John R. Schwartz, A.J.), rendered July 18, 2006. Defendant was resentenced to a determinate term of incarceration of 12 years and a five-year period of postrelease supervision upon his conviction of attempted kidnapping in the second degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed. Present—Smith, J.P., Centra, Fahey, Green and Pine, JJ.