People v Mathis
2007 NY Slip Op 02254 [38 AD3d 1270]
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 James H. Mathis, Appellant.

—[*1] Frank J. Nebush, Jr., Public Defender, Utica (Robert R. Reittinger of counsel), for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Timothy P. Fitzgerald of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), rendered September 23, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Gorski, J.P., Centra, Lunn, Peradotto and Pine, JJ.