People v Divelbliss
2007 NY Slip Op 02155 [38 AD3d 1161]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


The People of the State of New York, Respondent, v Gerald Divelbliss, Appellant.

—[*1] The Parks Law Office, P.C., Ithaca (David M. Parks of counsel), for defendant-appellant.

Gerald Divelbliss, defendant-appellant pro se.

Richard M. Healy, District Attorney, Lyons (David V. Shaw of counsel), for respondent.

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered June 22, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the third degree and, 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. Present—Hurlbutt, J.P., Gorski, Lunn, Peradotto and Green, JJ.