People v Dean
2008 NY Slip Op 05439 [52 AD3d 1309] [52 AD3d 1309]
June 13, 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 Eric D. Dean, Appellant. (Appeal No. 2.)

—[*1] Davison Law Office, Webster (Mary P. Davison of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered February 20, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree.

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

Same memorandum as in People v Dean (52 AD3d 1308 [2008]). Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.