Opinion
2014-06-20
The PEOPLE of the State of New York, Respondent, v. Christopher A. NICHOLSON, also Known as John Doe, Defendant–Appellant. (Appeal No. 2.).
Appeal from a resentence of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered November 24, 2009. Defendant was resentenced upon his conviction of course of sexual conduct against a child in the first degree. Davison Law Office PLLC, Canandaigua (Mary P. Davison of Counsel), for Defendant–Appellant. Christopher A. Nicholson, Defendant–Appellant Pro Se.
Appeal from a resentence of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered November 24, 2009. Defendant was resentenced upon his conviction of course of sexual conduct against a child in the first degree.
Davison Law Office PLLC, Canandaigua (Mary P. Davison of Counsel), for Defendant–Appellant. Christopher A. Nicholson, Defendant–Appellant Pro Se.
Sandra Doorley, District Attorney, Rochester (Geoffrey Kaeuper of Counsel), for Respondent.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, and WHALEN, JJ.
It is hereby ORDERED that the resentence is modified as a matter of discretion in the interest of justice and on the law by amending the order of protection and as modified the resentence is affirmed, and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the same Memorandum as in People v. Nicholson (Appeal No.1), 118 A.D.3d 1423, 988 N.Y.S.2d 765 (2014). All concur except CARNI and LINDLEY, JJ., who dissent and vote to vacate the resentence in the same dissenting Memorandum as in People v. Nicholson (Appeal No.1), 118 A.D.3d 1423, 988 N.Y.S.2d 765 (2014).