People v McCarthy
2016 NY Slip Op 08724 [145 AD3d 1573]
December 23, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2017


[*1]
 The People of the State of New York, Respondent,
v
Joshua D. McCarthy, Appellant. (Appeal No. 2.)

Davison Law Office PLLC, Canandaigua (Mary P. Davison of counsel), for defendant-appellant.

Donald G. O'Geen, District Attorney, Warsaw (Vincent A. Hemming of counsel), for respondent.

Appeal from a resentence of the Wyoming County Court (Michael M. Mohun, J.), rendered February 11, 2015. Defendant was resentenced upon his conviction of menacing a police officer or peace officer.

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

Same memorandum as in People v McCarthy ([appeal No. 1] 145 AD3d 1572 [2016]). Present—Centra, J.P., Carni, NeMoyer, Curran and Troutman, JJ.