| People v Miller |
| 2004 NY Slip Op 05946 [9 AD3d 919] |
| Decided on July 9, 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 July 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, LAWTON, AND HAYES, JJ.
976 KA 03-01489
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
MICHAEL MILLER, DEFENDANT-APPELLANT.
Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered December 19, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.
DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHARLES M. THOMAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: July 9, 2004
JoAnn M. Wahl
Clerk of the Court