People v Nicometo
2008 NY Slip Op 07323 [55 AD3d 1288]
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 Justin Nicometo, Appellant.

—[*1] Michael B. Jones, Buffalo, for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Shawn P. Hennessy of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered November 29, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree and robbery in the third degree.

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