People v Conklin
2006 NY Slip Op 00766 [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 Edward R. Conklin, Appellant.

[*1]Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered December 20, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [2]). We affirm for reasons stated in the decision at the suppression court (Patrick L. Kirk, J.). We add only that the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Green and Hayes, JJ.