People v Maracle
2009 NY Slip Op 02054 [60 AD3d 1336]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


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

[*1] Maria A. Massaro, Niagara Falls, for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), rendered March 29, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and the plea is vacated.

Same memorandum as in People v Maracle (60 AD3d 1336 [2009]). Present—Smith, J.P., Centra, Fahey, Green and Pine, JJ.