| People v Stubbs |
| 2012 NY Slip Op 04546 [96 AD3d 1450] |
| June 8, 2012 |
| 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 Jason M. Stubbs, Appellant. (Appeal No. 2.) |
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Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), for
respondent.
Appeal from a resentence of the Monroe County Court (Elma A. Bellini, J.), rendered October 31, 2006. Defendant was resentenced upon his conviction of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.
It is hereby ordered that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Monroe County Court for the filing of a predicate felony offender statement and resentencing.
Same memorandum as in People v Stubbs (96 AD3d 1448 [2012]). Present—Scudder, P.J., Centra, Peradotto, Carni and Lindley, JJ.