People v Carson
2009 NY Slip Op 05482 [64 AD3d 1195]
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 Jerome T. Carson, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Raymond C. Herman of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered April 21, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree.

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

Same memorandum as in People v Carson (64 AD3d 1194 [2009]). Present—Smith, J.P., Fahey, Carni, Pine and Gorski, JJ.