| People v Fortner |
| 2022 NY Slip Op 01927 [203 AD3d 1690] |
| March 18, 2022 |
| 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 Darryl Fortner, Appellant. (Appeal No. 2.) |
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Bradley W. Oastler of counsel), for respondent.
Appeal from a resentence of the Onondaga County Court (Matthew J. Doran, J.), rendered March 23, 2021. Defendant was resentenced upon a conviction of attempted robbery in the first degree.
It is hereby ordered that the resentence so appealed from is unanimously affirmed.
Same memorandum as in People v Fortner ([appeal No. 1] 203 AD3d 1690 [4th Dept 2022]). Present—Smith, J.P., Centra, Peradotto, Lindley and Winslow, JJ.