| People v Fox |
| 2022 NY Slip Op 02723 [204 AD3d 1454] |
| April 22, 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 Cody J. Fox, Appellant. (Appeal No. 2.) |
Anthony Belletier, Syracuse, for defendant-appellant.
Leanne K. Moser, District Attorney, Lowville, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for respondent.
Appeal from a judgment of the Lewis County Court (Daniel R. King, J.), rendered May 17, 2019. The judgment convicted defendant upon a plea of guilty of unlawful manufacture of methamphetamine in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Lewis County Court for resentencing in accordance with the same memorandum as in People v Fox ([appeal No. 1] 204 AD3d 1452 [4th Dept 2022]). Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.