People v Saeli
2023 NY Slip Op 04267 [219 AD3d 1122]
August 11, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 4, 2023


[*1]
 The People of the State of New York, Respondent,
v
Samuel J. Saeli, Appellant. (Appeal No. 2.)

D.J. & J.A. Cirando, PLLC, Syracuse (John A. Cirando of counsel), for defendant-appellant.

Samuel J. Saeli, defendant-appellant pro se.

Jason L. Schmidt, District Attorney, Mayville (Erik D. Bentley of counsel), for respondent.

Appeal from a resentence of the Chautauqua County Court (Paul Wojtaszek, J.), rendered February 26, 2019. Defendant was resentenced upon his conviction of kidnapping in the second degree and kidnapping in the second degree as a sexually motivated felony.

It is hereby ordered that the resentence so appealed from is unanimously vacated.

Same memorandum as in People v Saeli ([appeal No. 1] 219 AD3d 1122 [4th Dept 2023]). Present—Whalen, P.J., Lindley, Curran, Bannister and Greenwood, JJ.