| People v Baker |
| 2011 NY Slip Op 06715 [87 AD3d 1316] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Ricky Baker, Appellant. (Appeal No. 2.) |
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Richard M. Healy, District Attorney, Lyons (Melvin Bressler of counsel), for
respondent.
Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered April 1, 2010. The judgment convicted defendant, upon a jury verdict, of arson 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 Wayne County Court for resentencing.
Same memorandum as in People v Baker (87 AD3d 1313 [2011]). Present—Smith, J.P., Fahey, Peradotto, Lindley and Sconiers, JJ.