People v Cooper
2010 NY Slip Op 06974 [77 AD3d 1419]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


The People of the State of New York, Respondent, v Carl M. Cooper, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Nicholas Westin-Swan 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 December 1, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

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

Same memorandum as in People v Cooper (77 AD3d 1417 [2010] [decided herewith]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.