People v Osario
2004 NY Slip Op 01944 [5 AD3d 1041]
March 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


The People of the State of New York, Respondent, v Luis Osario, Appellant.

—Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered November 2, 2001. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.