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PEOPLE v. FOX

864 KA 20-00576.

204 A.D.3d 1454 (2022)

165 N.Y.S.3d 413

2022 NY Slip Op 02723

The People of the State of New York, Respondent, v. Cody J. Fox, Appellant. (Appeal No. 2.).

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

ANTHONY BELLETIER , SYRACUSE, FOR DEFENDANT-APPELLANT.

LEANNE K. MOSER , DISTRICT ATTORNEY, LOWVILLE, D.J. & J.A. CIRANDO, ESQS., SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Lewis County Court for resentencing in accordance with the same memorandum as in People v Fox ([appeal No. 1] 204 A.D.3d 1452 [4th...

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