DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF
COUNSEL), FOR DEFENDANT-APPELLANT.
BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF
COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Steuben County Court (Joseph
W. Latham, J.), rendered January 11, 2013. The judgment convicted defendant,
upon a jury verdict, of attempted murder in the first degree (two counts),
tampering with physical evidence (two counts), criminal mischief in the second
degree, criminal use of a firearm in the first degree, criminal possession of a
weapon in the fourth degree and reckless endangerment in the first degree. It
is hereby ORDERED that the judgment so appealed from is unanimously modified as
a matter of discretion in the interest of justice and on the law by reducing
the conviction of attempted murder in the first degree under counts one and two
of the indictment to attempted murder in the second degree (Penal Law §§
110.00, 125.25 [1]), reducing the conviction of reckless endangerment in the
first degree under count ten of the indictment to reckless endangerment in the
second degree (§ 120.20), and vacating the sentence imposed, and as modified
the judgment is affirmed, and the matter is remitted to Steuben County Court
for the filing of a predicate felony offender statement, sentencing on the
counts reduced herein, and resentencing on the remaining counts.
Read the entire decision HERE.
