People v Branch
2008 NY Slip Op 02274 [49 AD3d 1207]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent, v Todd A. Branch, Appellant. (Appeal No. 2.)

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Shirley K. Duffy of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered February 17, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

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

Same memorandum as in People v Branch (49 AD3d 1206 [2008]). Present—Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.