People v Beard
2007 NY Slip Op 04999 [41 AD3d 1251]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


The People of the State of New York, Respondent, v Melissa Beard, Also Known as Melissa Maxfield, Appellant. (Appeal No. 1.)

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

Scott D. McNamara, District Attorney, Utica (Todd C. Carville of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 19, 2005. The judgment convicted defendant, upon her plea of guilty, of criminal sale 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.

Same memorandum as in People v Beard (41 AD3d 1251 [2007]). Present—Martoche, J.P., Lunn, Peradotto, Green and Pine, JJ.