People v Mitchell
2009 NY Slip Op 03288 [61 AD3d 1396]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent, v Wondell Mitchell, Appellant.

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

Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Stephen K. Lindley, A.J.), rendered October 17, 2005. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Peradotto, Carni, Green and Pine, JJ.