BRYANT, RAYMOND, PEOPLE v ( 2014 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 379 KA 10-02191 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER RAYMOND BRYANT, DEFENDANT-APPELLANT. (APPEAL NO. 2.) TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O’BRIEN OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered June 4, 2010. The judgment convicted defendant, upon his plea of guilty, of burglary 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 Monroe County Court for further proceedings in accordance with the same Memorandum as in People v Bryant ([appeal No. 1] ___ AD3d ___ [May 9, 2014]). Entered: May 9, 2014 Frances E. Cafarell Clerk of the Court