People v Facen
2009 NY Slip Op 08658 [67 AD3d 1479]
November 20, 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 Dorian Facen, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Michael C. Walsh of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Shawn P. Hennessy of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered August 18, 1999. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that said appeal from the judgment insofar as it imposed a sentence of a period of postrelease supervision is unanimously dismissed and the judgment is otherwise affirmed.

Same memorandum as in People v Facen (67 AD3d 1478 [2009]). Present—Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.