People v Capton
2008 NY Slip Op 03886 [50 AD3d 1595]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Respondent, v Stanley E. Capton, Appellant.

—[*1] David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent. Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered July 18, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of marihuana in the second degree.

It is hereby ordered that said appeal is unanimously dismissed (see People v Griffin, 239 AD2d 936 [1997]). Present—Martoche, J.P., Centra, Lunn, Fahey and Gorski, JJ.