People v. Peterkin

Appeal from a resentence of the Jefferson County Court (Kim H. Martusewicz, J.), rendered January 23, 2009. Defendant was resentenced upon his conviction of, inter alia, burglary in the second degree (two counts).

It is hereby ordered that the resentence so appealed from is unanimously reversed on the law, the original sentence is reinstated and the matter is remitted to Jefferson County Court for proceedings pursuant to CPL 470.45.

Memorandum: On a prior appeal (People v Peterkin, 12 AD3d 1026 [2004], lv denied 4 NY3d 766 [2005]), we affirmed the judgment convicting defendant following a jury…