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PEOPLE v. BARNES

370 KA 14-01807.

139 A.D.3d 1375 (2016)

29 N.Y.S.3d 839

2016 NY Slip Op 03623

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE J. BARNES, Appellant. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 6, 2016.

It is hereby ordered that the resentence so appealed from is unanimously modified on the law by vacating the resentence imposed for grand larceny in the third degree under count two of the indictment, and as modified the resentence is affirmed, and the matter is remitted to Ontario County Court for sentencing on the conviction of petit larceny under count two of the indictment.

Same memorandum as in People v Barnes ([appeal No. 1] 139 A.D.3d...

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