People v Witherspoon
2009 NY Slip Op 07032 [66 AD3d 1459]
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 David A. Witherspoon, Appellant. (Appeal No. 2.)

—[*1] Joseph T. Jarzembek, Buffalo, for defendant-appellant.

Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), for respondent.

Appeal from a judgment of the Livingston County Court (Joan S. Kohout, A.J.), rendered July 11, 2006. The judgment convicted defendant, upon a jury verdict, of criminal sale 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 Witherspoon (66 AD3d 1456 [2009]). Present—Martoche, J.P., Centra, Fahey, Peradotto and Green, JJ.