*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 756

KA 08-01938

PRESENT: WHALEN, P.J., SMITH, NEMOYER, CURRAN, AND SCUDDER, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER BURGESS MATTHEWS, JR., DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

TREVETT CRISTO SALZER & ANDOLINA P.C., ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT. Appeal from a resentence of the Monroe County Court (John J.

Connell, J.), rendered May 9, 2008. Defendant was resentenced upon his conviction of course of sexual conduct against a child in the first degree.

It is hereby ORDERED that said appeal is unanimously dismissed. Same memorandum as in People v Matthews ([appeal No. 1] ___ AD3d ___ [Sept. 30, 2016]).

Entered: September 30, 2016 Frances E. Cafarell

Clerk of the Court