Appellate Division of the Supreme Court of the State of New York February 11, 2010, Appeal No. 2 (People v. Quigley)

Appeal from a resentence of the Erie County Court (Thomas P *1413Amodeo, J.), rendered February 5, 2008. Defendant was resentenced as a second felony offender upon his conviction of criminal mischief in the third degree and possession of burglar’s tools.