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PEOPLE v. McCULLOUGH

274 KA 11-02528.

2013 NY Slip Op 01957

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL D. McCULLOUGH, Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Released March 22, 2013.

Attorney(s) appearing for the Case

DAVID J. FARRUGIA , PUBLIC DEFENDER, LOCKPORT ( MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SAMUEL D. MCCULLOUGH, DEFENDANT-APPELLANT PRO SE.

MICHAEL J. VIOLANTE , DISTRICT ATTORNEY, LOCKPORT ( LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed for criminal possession of a controlled substance in the fourth degree and as modified the judgment is affirmed and the matter is remitted to Niagara County Court for resentencing on that count of the indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of...

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