| People v Lundy |
| 2018 NY Slip Op 04165 [162 AD3d 1536] |
| June 8, 2018 |
| 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 Edward Lundy, Appellant. (Appeal No. 2.) |
Frank H. Hiscock Legal Aid Society, Syracuse (Nathaniel V. Riley of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
Appeal from a judgment of the Onondaga County Court (James H. Cecile, A.J.), rendered April 28, 2015. The judgment convicted defendant, upon his plea of guilty, of 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 by directing that the sentence shall run concurrently with the sentences imposed under superior court information Nos. I-13-0479-1 and I-14-0579-1 and as modified the judgment is affirmed.
Same memorandum as in People v Lundy ([appeal No. 1] 162 AD3d 1535 [4th Dept 2018]). Present—Whalen, P.J., Smith, Carni, Lindley and Winslow, JJ.