People v Fish
2009 NY Slip Op 03235 [61 AD3d 1356]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent, v Kyle J. Fish, Appellant. (Appeal No. 2.)

—[*1] Mark D. Funk, Rochester, for defendant-appellant.

Cindy F. Intschert, District Attorney, Watertown (Patricia L. Dziuba of counsel), for respondent.

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered July 11, 2007. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Jefferson County Court for resentencing.

Same memorandum as in People v Fish (61 AD3d 1356 [2009]). Present—Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.