People v Williams
2010 NY Slip Op 09658 [79 AD3d 1648]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


The People of the State of New York, Respondent,
v
Marcelle E. Williams, Appellant. (Appeal No. 1.)

—[*1] Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Elizabeth Clifford of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered February 27, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is reversed on the law, the plea is vacated and the matter is remitted to Supreme Court, Monroe County, for further proceedings on the indictment.

Same memorandum as in People v Williams (79 AD3d 1653 [2010]). Present—Scudder, P.J., Martoche, Green, Pine and Gorski, JJ.