People v Nunes
2011 NY Slip Op 08441 [89 AD3d 1560]
November 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


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

—[*1] Michael B. Jones, Buffalo, for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Shawn P. Hennessy of counsel), for respondent.

Appeal from a resentence of the Erie County Court (Sheila A. DiTullio, J.), rendered July 30, 2008. Defendant was resentenced upon his conviction of attempted robbery in the second degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Same memorandum as in People v Nunes (89 AD3d 1559 [2011]). Present—Centra, J.P., Fahey, Peradotto, Lindley and Martoche, JJ.