People v Davis
2008 NY Slip Op 00867 [48 AD3d 1122]
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 Bobby L. Davis, Appellant. (Appeal No. 2.)

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

Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered March 23, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal mischief in the fourth degree.

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

Same memorandum as in People v Davis (48 AD3d 1120 [2008]). Present—Hurlbutt, J.P., Gorski, Martoche, Lunn and Peradotto, JJ.