| People v Primm |
| 2008 NY Slip Op 10440 [57 AD3d 1524] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Xavier Primm, Appellant. (Appeal No. 1.) |
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Frank J. Clark, District Attorney, Buffalo (Matthew B. Powers of counsel), for
respondent.
Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered March 4, 2005. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
It is hereby ordered that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is otherwise affirmed.
Same memorandum as in People v Primm (57 AD3d 1525 [2008]). Present—Scudder, P.J., Smith, Centra and Fahey, JJ.