People v Johnson
2006 NY Slip Op 00763 [26 AD3d 766]
February 3, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 19, 2006


The People of the State of New York, Respondent, v Donald L. Johnson, Appellant. (Appeal No. 1.)

[*1]Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered February 25, 2004. The judgment convicted defendant, upon his plea of guilty, of unauthorized use of a vehicle in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Green and Hayes, JJ.