People v Wisniewski
2010 NY Slip Op 06878 [77 AD3d 1327]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


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

—[*1] Thomas J. Eoannou, Buffalo (Jeremy D. Schwartz of counsel), for defendant-appellant.

Andrew M. Cuomo, Attorney General, Albany (Jodi A. Danzig of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered May 15, 2009. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the second degree.

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 Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in People v Wisniewski (77 AD3d 1324 [2010] [decided herewith]). Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.