| People v Austin |
| 2004 NY Slip Op 03404 [6 AD3d 1249] |
| Decided on April 30, 2004 |
| 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 April 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
621 KA 02-01383
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
MATTHEW AUSTIN, DEFENDANT-APPELLANT.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered May 31, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
CHRISTINE M. COOK, LYONS, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JAMES B. RITTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: April 30, 2004
JoAnn M. Wahl
Clerk of the Court