Legal Opinion

People v. Ott

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 2015Published

1Opinion of the Court

Appeal from a resentence of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered June 28, 2011. Defendant was resentenced upon his conviction of murder in the second degree.

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

Memorandum: In 2006, defendant was convicted upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]) and assault in the first degree (§ 120.10 [1]). We vacated the sentence imposed on the murder count and remitted the matter to County Court for resentencing on that count “ ‘[b]ecause of the discrepancy…

2Cases cited6 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. SparberNew York Court of Appeals · 2008
  3. People v. GreenNew York Court of Appeals · 1981
  4. People v. OttAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. BibbsAppellate Division of the Supreme Court of the State of New York · 2005

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