| People v Heinig |
| 2005 NY Slip Op 07065 [21 AD3d 1298] |
| September 30, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Frederick J. Heinig, Appellant. (Appeal No. 2.) |
—[*1]Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered September 30, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v Heinig (21 AD3d 1297 [2005]). Present—Green, J.P., Scudder, Kehoe, Smith and Lawton, JJ.