*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1182

KA 15-01384

PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER JOSHUA D. MCCARTHY, DEFENDANT-APPELLANT.

(APPEAL NO. 2.) DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD G. O’GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT. Appeal from a resentence of the Wyoming County Court (Michael M.

Mohun, J.), rendered February 11, 2015. Defendant was resentenced upon his conviction of menacing a police officer or peace officer.

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.

Same memorandum as in People v McCarthy ([appeal No. 1] ___ AD3d ___ [Dec. 23, 2016]).

Entered: December 23, 2016 Frances E. Cafarell

Clerk of the Court