People v McCoy
2005 NY Slip Op 07039 [21 AD3d 1276]
September 30, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 16, 2005


The People of the State of New York, Respondent, v Michael McCoy, Appellant. (Appeal No. 2.)

[*1]Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), rendered October 31, 2002. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v McCoy (21 AD3d 1275 [2005]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Pine, JJ.