People v Howard
2004 NY Slip Op 04897 [8 AD3d 1131]
Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: WISNER, J.P., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ.

707 KA 02-02338

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

v

STANLEY HOWARD, DEFENDANT-APPELLANT.



Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered August 16, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree and assault in the second degree.


DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (SAMUEL J. FINNESSEY, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court