TORRES, VINCENT, PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 706.1 KA 12-00770 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER VINCENT TORRES, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR RESPONDENT.

Appeal from a resentence of the Onondaga County Court (William D.

Walsh, J.), rendered July 6, 2011. Defendant was resentenced upon his conviction of burglary in the second degree.

It is hereby ORDERED that the resentence so appealed from is vacated.

Same Memorandum as in People v Torres ([appeal No. 1] ___ AD3d ___ [July 6, 2012]).

Entered: July 6, 2012 Frances E. Cafarell Clerk of the Court