People v Elder
2010 NY Slip Op 02297 [71 AD3d 1484]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


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

—[*1] Kathleen E. Casey, Barker, for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered February 4, 2009. 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 Elder (71 AD3d 1483 [2010]). Present—Scudder, P.J., Peradotto, Lindley and Sconiers, JJ.