People v Rivera
2011 NY Slip Op 02168 [82 AD3d 1592]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


The People of the State of New York, Respondent, v Benjamin Rivera, Appellant. (Appeal No. 2.)

—[*1] Muldoon & Getz, Rochester (Gary Muldoon of counsel), for defendant-appellant.

Benjamin Rivera, defendant-appellant pro se.

Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Donald J. Wisner, J.), rendered July 21, 1989. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

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

Same memorandum as in People v Rivera (82 AD3d 1590 [2011]). Present—Centra, J.P., Carni, Lindley, Green and Gorski, JJ.