People v Bennett
2008 NY Slip Op 00731 [48 AD3d 1034]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


The People of the State of New York, Respondent, v Eluid Bennett, Sr., Appellant. (Appeal No. 2.)

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

Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered February 15, 2005. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Bennett (48 AD3d 1031 [2008]). Present—Scudder, P.J., Centra, Fahey, Green and Pine, JJ.