People v Barton
2009 NY Slip Op 04532 [63 AD3d 1595]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


The People of the State of New York, Respondent, v Susan Barton, Appellant.

—[*1] Frank J. Nebush, Jr., Public Defender, Utica (Esther Cohen Lee of counsel), for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered November 28, 2007. The judgment convicted defendant, upon a jury verdict, of falsifying business records in the first degree, assault in the third degree and endangering the welfare of an incompetent or physically disabled person.

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