People v Holmes
2008 NY Slip Op 02668 [49 AD3d 1349]
March 21, 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, Appellant, v Larry Holmes, Respondent. (Appeal No. 1.)

—[*1] Michael C. Green, District Attorney, Rochester (Jessica Birkahn of counsel), for appellant.

Edward J. Nowak, Public Defender, Rochester (William Clauss of counsel), for defendant-respondent.

Appeal from an order of the Monroe County Court (Patricia D. Marks, J.), dated November 5, 2004. The order reduced the first count of the indictment against defendant from burglary in the third degree to criminal trespass in the second degree.

It is hereby ordered that said appeal is unanimously dismissed (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Martoche, J.P., Smith, Peradotto, Pine and Gorski, JJ.