People v Marcial
2007 NY Slip Op 05070 [41 AD3d 1309]
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 Jose A. Marcial, Appellant. (Appeal No. 2.)

—[*1] Edward J. Nowak, Public Defender, Rochester (J. Michael Chamblee of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Wendy Evans Lehmann of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered July 15, 2003. The judgment convicted defendant, upon a jury verdict, 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.

Same memorandum as in People v Marcial (41 AD3d 1308 [2007]). Present—Scudder, P.J., Centra, Lunn, Fahey and Peradotto, JJ.