People v Hayes
2007 NY Slip Op 03394 [39 AD3d 1175]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


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

—[*1] Frank J. Nebush, Jr., Public Defender, Utica (Esther Cohen Lee of counsel), for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Carla V. DiMarco of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Patrick L. Kirk, J.), rendered December 16, 2004. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree and attempted arson in the second 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 Hayes (39 AD3d 1173 [2007]). Present—Gorski, J.P., Martoche, Smith, Lunn and Pine, JJ.