People v Hooten
2011 NY Slip Op 00952 [81 AD3d 1384]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


The People of the State of New York, Respondent,
v
Roy Hooten, Also Known as Roy D. Hooten, Appellant. (Appeal No. 2.)

—[*1] Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 13, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the third degree.

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

Same memorandum as in People v Hooten (81 AD3d 1384 [2011]). Present—Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.