People v Johnston
2007 NY Slip Op 10227 [46 AD3d 1373]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


The People of the State of New York, Respondent, v Jeremiah Johnston, Appellant.

—[*1] John E. Tyo, Shortsville, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered May 17, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree and assault in the second degree.

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