Appellate Division of the Supreme Court of New York, 2022

People v. Horton

People v. Horton
Appellate Division of the Supreme Court of New York · Decided July 8, 2022
2022 NY Slip Op 04504
People v. Horton

Opinion

People v Horton (2022 NY Slip Op 04504)
People v Horton
2022 NY Slip Op 04504
Decided on July 8, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on July 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.

531 KA 21-01037

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

KYLE J. HORTON, DEFENDANT-APPELLANT. (APPEAL NO. 4.)




ROSEMARIE RICHARDS, GILBERTSVILLE, FOR DEFENDANT-APPELLANT.

BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.



Appeal from a judgment of the Steuben County Court (Patrick F. McAllister, A.J.), rendered June 14, 2021. The judgment convicted defendant, upon his plea of guilty, of petit larceny.

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 Steuben County Court for further proceedings in accordance with the same memorandum as in People v Horton ([appeal No. 1] — AD3d — [July 8, 2022] [4th Dept 2022]).

Entered: July 8, 2022

Ann Dillon Flynn

Clerk of the Court



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