People v Castillo (2011 NY Slip Op 02180)

People v Castillo

2011 NY Slip Op 02180 [82 AD3d 1620]

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
Raphael Castillo, Appellant.

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

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered January 10, 2007. The judgment convicted defendant, upon a nonjury verdict, of murder in the second degree.

It is hereby ordered that said appeal is unanimously dismissed (see People v Pabon, 175 AD2d 270 [1991]). Present—Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.