| People v Horton |
| 2022 NY Slip Op 04502 [207 AD3d 1232] [207 AD3d 1232] |
| July 8, 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 Kyle J. Horton, Appellant. (Appeal No. 2.) |
Rosemarie Richards, Gilbertsville, for defendant-appellant.
Brooks T. Baker, District Attorney, Bath (John C. Tunney of counsel), for respondent.
Appeal from a judgment of the Steuben County Court (Patrick F. McAllister, A.J.), rendered June 14, 2021. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the first 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 Steuben County Court for further proceedings in accordance with the same memorandum as in People v Horton ([appeal No. 1] 207 AD3d 1230 [4th Dept 2022]). Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.