People v. Lard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a resentence of the Erie County Court (Sheila A. DiTullio, J.), rendered February 11, 2009. Defendant was resentenced pursuant to Correction Law § 601-d and Penal Law § 70.85.
It is hereby ordered that the resentence so appealed from 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 [former (4)]). On a prior appeal, we affirmed the resentence upon that conviction (People v Lard, 23 AD3d 1033 [2005], lv denied…
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