People v Wheeler
2008 NY Slip Op 02306 [49 AD3d 1231]
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 Christopher Wheeler, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered August 1, 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 modified on the law by imposing a definite term of imprisonment of one year and as modified the judgment is affirmed.

Same memorandum as in People v Wheeler (49 AD3d — [2008]). Present—Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.