People v. Lard

Appeal from a resentence of the Erie County Court (Sheila A. DiTullio, J.), rendered March 10, 2004. Defendant was resentenced to concurrent determinate terms of imprisonment.

It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant was convicted upon his plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [4]), and he now appeals from the resentence upon that conviction. Because the resentence occurred more than 30 days…