People v Shapard
2010 NY Slip Op 05111 [74 AD3d 1808]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


The People of the State of New York, Respondent, v Christopher M. Shapard, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.

Christopher M. Shapard, defendant-appellant pro se.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a resentence of the Supreme Court, Erie County (M. William Boller, A.J.), rendered April 9, 2009. Defendant was resentenced, as a persistent felony offender, upon his conviction of assault in the second degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.