People v Spicer
2007 NY Slip Op 08657 [45 AD3d 1401]
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 Todd C. Spicer, Appellant.

—[*1] David J. Farrugia, Public Defender, Lockport (Mary-Jean Bowman of counsel), for defendant-appellant.

Matthew J. Murphy, III, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered January 10, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree.

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., Martoche, Smith, Peradotto and Green, JJ.