People v Greene
2008 NY Slip Op 05448 [52 AD3d 1316] [52 AD3d 1316]
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 Preston Greene, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (William Clauss of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered May 28, 2004. The appeal was held by this Court by order entered March 16, 2007, decision was reserved and the matter was remitted to Monroe County Court for further proceedings (38 AD3d 1338 [2007]). The proceedings were held and completed (Frank P. Geraci, Jr., J.).

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Martoche, J.P., Lunn, Pine and Gorski, JJ.