| People v Benitez |
| 2004 NY Slip Op 09954 [13 AD3d 1234] |
| Decided on December 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, GORSKI, AND HAYES, JJ.
1670 KA 03-01671
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
HENRY BENITEZ, DEFENDANT-APPELLANT.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered January 7, 2003. The judgment convicted defendant, upon his plea of guilty, of aggravated harassment of an employee by an inmate (four counts).
CYNTHIA B. BRENNAN, 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: December 30, 2004
JoAnn M. Wahl
Clerk of the Court