| People v Loper |
| 2014 NY Slip Op 04599 [118 AD3d 1396] |
| June 20, 2014 |
| 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 L. Loper, Appellant. (Appeal No. 2.) |
D.J. & J.A. Cirando, Esqs. Syracuse (Bradley E. Keem of counsel), for defendant-appellant.
Brooks T. Baker, District Attorney, Bath (John C. Tunney of counsel), for respondent.
Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), rendered July 16, 2012. The judgment convicted defendant, upon a nonjury verdict, of attempted burglary in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence imposed and as modified the judgment is affirmed, and the matter is remitted to Steuben County Court for the filing of a predicate felony offender statement and resentencing.
Same memorandum as in People v Loper (118 AD3d 1394 [June 20, 2014]). Present—Scudder, P.J., Centra, Carni, Sconiers and Whalen, JJ.