People v Martin
2008 NY Slip Op 07282 [55 AD3d 1238]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent, v Floyd Martin, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of counsel), for defendant-appellant.

Floyd Martin, defendant-appellant pro se.

Frank J. Clark, District Attorney, Buffalo (Donna A. Milling of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered August 21, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree (two counts).

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

Same memorandum as in People v Martin (55 AD3d 1236 [2008]). Present—Hurlbutt, J.P., Smith, Fahey, Green and Pine, JJ.