People v White
2009 NY Slip Op 06942 [66 AD3d 1383]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


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

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

Michael C. Green, District Attorney, Rochester (Nicole M. Fantigrossi of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered December 6, 2005. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree and attempted petit larceny.

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

Same memorandum as in People v White (66 AD3d 1383 [2009]). Present—Smith, J.P., Centra, Fahey, Carni and Pine, JJ.