*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 929
KA 10-01917
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MEMORANDUM AND ORDER RICKY BAKER, DEFENDANT-APPELLANT.
(APPEAL NO. 2.)
ROBERT TUCKER, PALMYRA, FOR DEFENDANT-APPELLANT.
RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (MELVIN BRESSLER OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Wayne County Court (John B.
Nesbitt, J.), rendered April 1, 2010. The judgment convicted defendant, upon a jury verdict, of arson in the second degree.
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 Wayne County Court for resentencing.
Same Memorandum as in People v Baker ([appeal No. 1] ___ AD3d ___ [Sept. 30, 2011]).
Entered: September 30, 2011 Patricia L. Morgan
Clerk of the Court