People v Harvey
2008 NY Slip Op 10328 [57 AD3d 1445]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent, v Kevin Harvey, Appellant. (Appeal No. 1.)

—[*1] Donald M. Thompson, Rochester, for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Donald J. Mark, J.), rendered April 16, 2002. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree and criminal mischief in the fourth degree.

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