People v Benton
2009 NY Slip Op 08280 [67 AD3d 1357]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


The People of the State of New York, Respondent, v Astin Benton, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Thomas R. Morse, A.J.), rendered April 13, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Hurlbutt, Green, Pine and Gorski, JJ.