| People v Boyd |
| 2020 NY Slip Op 03341 [184 AD3d 1151] |
| June 12, 2020 |
| 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 Nyjee Boyd, Appellant. (Appeal No. 1.) |
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Lisa Gray of counsel), for respondent.
Appeal from a resentence of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered September 8, 2015. Defendant was resentenced upon his conviction of attempted murder in the second degree, assault in the first degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree (two counts).
It is hereby ordered that the resentence so appealed from is affirmed.
Same memorandum as in People v Boyd ([appeal No. 2] 184 AD3d 1151 [4th Dept 2020]).
All concur except DeJoseph, J., who dissents and votes to hold the case, reserve decision, and remit the matter to Supreme Court, Monroe County, for further proceedings in accordance with the same dissenting memorandum as in People v Boyd ([appeal No. 2] 184 AD3d 1151 [4th Dept 2020]). Present—Smith, J.P., Troutman, Winslow, Bannister and DeJoseph, JJ.