People v Hayles
2008 NY Slip Op 05147 [52 AD3d 1226] [52 AD3d 1226]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent, v Linton A. Hayles, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen C. Russo-McLaughlin of counsel), for defendant-appellant.

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

Appeal from a judgment of the Supreme Court, Erie County (Amy J. Fricano, J.), rendered May 2, 2006. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, P.J., Hurlbutt, Smith, Green and Gorski, JJ.