People v. Bertollini

Jul 8, 2016
Versions:141 A.D.3d 1163
34 N.Y.S.3d 922

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL A. BERTOLLINI, Appellant. (Appeal No. 1.) [34 NYS3d 922]—Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered January 29, 2015. The judgment convicted defendant, upon his plea of guilty, of failure to report a change of address as a sex offender.

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Bertollini ([appeal No. 2] 141 AD3d 1163 [2016]). Present—Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL A. BERTOLLINI, Appellant. (Appeal No. 2.) [37 NYS3d 649]—

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered January 29, 2015. The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Cayuga County Court for further proceedings on the superior court information.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of failure to report a change of address as a sex offender (Correction Law § 168-f [4]) and, in appeal No. 2, he appeals from a judgment