People v Rizek
2009 NY Slip Op 05452 [64 AD3d 1180]
July 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


The People of the State of New York, Respondent, v Ricky Rizek, Appellant. (Appeal No. 2.)

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Thomas E. Andruschat, East Aurora, for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered July 24, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Rizek (64 AD3d 1180 [2009]). Present—Scudder, P.J., Smith, Centra, Peradotto and Green, JJ.