People v Mack
2006 NY Slip Op 05496 [31 AD3d 1198]
July 7, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 20, 2006


The People of the State of New York, Respondent, v Darrell Mack, Appellant. (Appeal No. 2.)

[*1]Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered April 10, 2003. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

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

Same memorandum as in People v Mack (31 AD3d 1197 [2006]). Present—Hurlbutt, J.P., Kehoe, Gorski, Green and Pine, JJ.