People v McWilliams
2008 NY Slip Op 01230 [48 AD3d 1268]
February 8, 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 Ernest McWilliams, Appellant. (Appeal No. 2.)

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

Ernest McWilliams, defendant-appellant pro se.

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent. Appeal from a resentence of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered November 16, 2004. Defendant was resentenced to a five-year period of postrelease supervision upon his conviction of criminal possession of a weapon in the third degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.