People v Gates
2005 NY Slip Op 09903 [24 AD3d 1327]
Decided on December 22, 2005
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 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., HURLBUTT, KEHOE, GORSKI, AND MARTOCHE, JJ.

1495 KA 04-01272

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

v

LUCAS L. GATES, DEFENDANT-APPELLANT.



Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered May 13, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of marihuana in the second degree.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION 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 22, 2005
JoAnn M. Wahl
Clerk of the Court