People v. Smith

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 27, 2003. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree and criminal possession of a weapon in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Orleans County Court for resentencing in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his…