People v. Badding
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J), rendered July 14, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and driving while ability impaired.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed for driving while ability impaired under the third count of the indictment and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing on that count.
Memorandum: Defendant appeals…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. HansenNew York Court of Appeals · 2000
- People v. SaxtonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. LewandowskiAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PaduanoAppellate Division of the Supreme Court of the State of New York · 2011
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