People v. Pluff

—Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered July 28, 1995, which resentenced defendant following his conviction of the crime of criminal mischief in the fourth degree.

On the original appeal of this matter, this Court modified the judgment by reducing defendant’s conviction of criminal mischief in the third degree to criminal mischief in the fourth degree, and the case was then remitted to County Court for resentencing (217 AD2d 744). Defendant was resentenced to a *658term of one year in jail. A timely notice of appeal was thereafter filed. Defense…