People v. Moss

Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered December 3, 2014. The judgment convicted defendant, upon his plea of guilty, of burglary *1298in the first degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for resentencing.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the…