People v Spivey
2003 NY Slip Op 20182 [2 AD3d 1491]
Decided on December 31, 2003
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.

1568 KA 02-02724

[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER

v

RODNEY SPIVEY, ALSO KNOWN AS RODNEY JONES, DEFENDANT-APPELLANT.



Appeal from a judgment of Onondaga County Court (Walsh, J.), entered July 8, 2002, convicting defendant upon his plea of guilty of, inter alia, murder in the second degree.


FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (GERALD T. BARTH OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: December 31, 2003JoAnn M. Wahl
Clerk of the Court