People v Torres
2012 NY Slip Op 05460 [97 AD3d 1125]
July 6, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


The People of the State of New York, Respondent, v Vincent Torres, Appellant. (Appeal No. 2.)

—[*1] J. Scott Porter, Seneca Falls, for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), for respondent.

Appeal from a resentence of the Onondaga County Court (William D. Walsh, J.), rendered July 6, 2011. Defendant was resentenced upon his conviction of burglary in the second degree.

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

Same memorandum as in People v Torres (97 AD3d 1125 [2012]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Lindley, JJ.