| People v Drake |
| 2016 NY Slip Op 03289 [138 AD3d 1398] |
| April 29, 2016 |
| 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 Terry L. Drake, Appellant. (Appeal No. 2.) |
Genesee Valley Legal Aid, Inc., Geneseo (Jeannie D. Michalski of counsel), for defendant-appellant.
Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of counsel), for respondent.
Appeal from a resentence of the Livingston County Court (Dennis S. Cohen, J.), rendered September 9, 2010. Defendant was resentenced upon his conviction of incest in the third degree (two counts).
It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Drake ([appeal No. 1] 138 AD3d 1396 [2016]). Present—Whalen, P.J., Smith, Carni, NeMoyer and Curran, JJ.