People v Ayuso
2005 NY Slip Op 09980 [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: HURLBUTT, J.P., SCUDDER, GORSKI, SMITH, AND HAYES, JJ.

1625 KA 04-02416

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

v

JOSE AYUSO, DEFENDANT-APPELLANT.



Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered June 30, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and assault in the second degree.


FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (ROBERT R. REITTINGER OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARLA V. DI MARCO 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