People v Kennedy
2007 NY Slip Op 05886 [42 AD3d 940]
July 6, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


The People of the State of New York, Respondent, v Daniel Kennedy, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Paul B. Curtin of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered December 15, 2005. The judgment convicted defendant, upon his plea of guilty, of sale of unstamped cigarettes.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Scudder, P.J., Gorski, Smith, Fahey and Green, JJ.