| People v Allen |
| 2012 NY Slip Op 06717 [99 AD3d 1253] |
| October 5, 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 Kieron Allen, Appellant. (Appeal No. 2.) |
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Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for
respondent.
Appeal from a resentence of the Oneida County Court (Michael L. Dwyer, J.), rendered October 8, 2010. Defendant was resentenced upon his conviction of robbery in the first degree.
It is hereby ordered that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Oneida County Court for further proceedings in accordance with the same memorandum as in People v Allen (99 AD3d 1252 [2012]). Present—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.