People v. Valion
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Valion
2026 NY Slip Op 04706
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
LAMONT VALION, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
548 KA 25-00205
Present: Whalen, P.J., Curran, Montour, Greenwood, And Nowak, JJ.
BANASIAK LAW OFFICE, PLLC, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.
BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Supreme Court, Monroe County (Stephen T. Miller, A.J.), rendered January 29, 2024. The judgment convicted defendant, upon a guilty plea, of attempted murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree (two counts), falsifying business records in the first degree, and falsely reporting an incident in the third degree.
[*1]It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed and the matter is remitted to Supreme Court, Monroe County, for resentencing.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of one count of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), one count of assault in the first degree (§ 120.10 [1]), two counts of criminal possession of a weapon in the second degree (§ 265.03 [1] [b]; [3]), one count of falsifying business records in the first degree (§ 175.10), and one count of falsely reporting an incident in the third degree (§ 240.50 [1]).
As defendant contends and the People correctly concede, Supreme Court erred in failing to "pronounce sentence on each count" of the conviction (CPL 380.20; see People v Brady, 195 AD3d 1545, 1546 [4th Dept 2021], lv denied 37 NY3d 970 [2021]). That failure requires that we modify the judgment by vacating the sentence and remit the matter for resentencing, notwithstanding the fact that the certificate of disposition reflects that distinct periods of time were imposed upon each count (see generally People v Gause, 230 AD3d 1573, 1577 [4th Dept 2024], lv denied 43 NY3d 930 [2025]). In light of our
determination, we do not address defendant's contention that his sentence is unduly harsh and severe.
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
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