People v. Miller

Opinion

People v Miller

2026 NY Slip Op 04615

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

MARCUS M. MILLER, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

408 KA 23-01870

Present: Lindley, J.P., Curran, Ogden, Nowak, And Delconte, JJ.

THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT.

JOHN A. CIRANDO, SPECIAL DISTRICT ATTORNEY, SYRACUSE, FOR RESPONDENT.

Appeal from a resentence of the Oswego County Court (Karen M. Brandt Brown, J.), rendered July 31, 2023. Defendant was resentenced upon his conviction of attempted murder in the second degree, attempted assault in the first degree, assault in the second degree, criminal possession of a weapon in the third degree and petit larceny.

[*1]

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

Same memorandum as in People v Miller ([appeal No. 1] — AD3d — [July 24, 2026] [4th Dept 2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court