People v Cady
2013 NY Slip Op 00628 [103 AD3d 1157]
February 1, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


The People of the State of New York, Respondent, v Michael A. Cady, Appellant. (Appeal No. 2.)

—[*1] Timothy P. Donaher, Public Defender, Rochester, the Wolford Law Firm, LLP (James A. Hobbs of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Matthew Dunham of counsel), for respondent.

Appeal from a resentence of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered January 19, 2010. Defendant was resentenced upon his conviction of criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree.

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

Same memorandum as in People v Cady (103 AD3d 1155 [Feb. 1, 2013]). Present—Centra, J.P., Peradotto, Lindley, Whalen and Martoche, JJ.