People v McCullough
2008 NY Slip Op 00810 [48 AD3d 1085]
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 Theo L. McCullough, Appellant.

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

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered April 18, 2005. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.