People v Povoski
2010 NY Slip Op 09662 [79 AD3d 1653]
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
Frank J. Povoski, Jr., Appellant.

—[*1]

Matthew D. Nafus, Scottsville, for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J.), rendered July 26, 2006. The judgment convicted defendant, upon his plea of guilty, of conspiracy in the second degree (four counts), conspiracy in the fifth degree (three counts), attempted escape in the second degree and promoting prison contraband in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed for reasons stated in People v Povoski (78 AD3d 1533 [2010]). Present—Scudder, P.J., Martoche, Green, Pine and Gorski, JJ.