People v Thomas
2005 NY Slip Op 10003 [24 AD3d 1328]
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: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, SMITH, AND LAWTON, JJ.

1658 KA 03-01063

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

v

HERBERT THOMAS, DEFENDANT-APPELLANT.



Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered February 18, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, robbery in the second degree, petit larceny, unauthorized use of a vehicle in the third degree and unlawful possession of marihuana.


CHRISTINE M. COOK, LYONS, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR 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