People v Hoyte
2009 NY Slip Op 02086 [60 AD3d 1360]
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 Michael D. Hoyte, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for defendant-appellant.

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

Appeal from a judgment of the Monroe County Court (Stephen K. Lindley, A.J.), rendered February 22, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Martoche, J.P., Centra, Carni and Gorski, JJ.