People v Mitchell
2007 NY Slip Op 08582 [45 AD3d 1355]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


The People of the State of New York, Respondent, v John Wesley Mitchell, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies 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 (Ronald H. Tills, A.J.), rendered April 18, 2004. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree (three counts) and possession of burglar's tools.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Gorski, J.P., Smith, Centra, Lunn and Peradotto, JJ.