People v Drake
2004 NY Slip Op 05949 [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.

979 KA 00-01259

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

v

ROY DRAKE, DEFENDANT-APPELLANT.



Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered February 28, 2000. The judgment convicted defendant, upon a jury verdict, of arson in the fourth degree.


KATHLEEN E. CASEY, MIDDLEPORT, FOR DEFENDANT-APPELLANT.
JAMES P. SUBJACK, DISTRICT ATTORNEY, MAYVILLE (TRACEY A. BRUNECZ 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