| People v Adams |
| 2015 NY Slip Op 02358 [126 AD3d 1407] |
| March 20, 2015 |
| 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 Elijah Adams, Appellant. (Appeal No. 3.) |
Timothy P. Donaher, Public Defender, Rochester (James Eckert of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Robert J. Shoemaker of counsel), for respondent.
Appeal from a judgment of the Monroe County Court (Vincent M. Dinolfo, J.), rendered February 24, 2011. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for further proceedings in accordance with the same memorandum as in People v Adams ([appeal No. 1] 126 AD3d &mdash, 2015 NY Slip Op 02355 [2015]). Present—Centra, J.P., Peradotto, Lindley and DeJoseph, JJ.