People v Marvin
2009 NY Slip Op 09823 [68 AD3d 1730]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York, Respondent, v Kenneth J. Marvin, Jr., Appellant. (Appeal No. 3.)

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Jeffrey L. Taylor of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered February 14, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.

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

Same memorandum as in People v Marvin (68 AD3d 1729 [2009]). Present—Scudder, P.J., Fahey, Carni and Gorski, JJ.