People v Jackson
2011 NY Slip Op 05328 [85 AD3d 1699]
June 17, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


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

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of counsel), for defendant-appellant.

Lemuele Jackson, defendant-appellant pro se.

Frank A. Sedita, III, District Attorney, Buffalo (Michelle L. Cianciosa of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered October 28, 2009. The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by amending the orders of protection and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in People v Jackson (85 AD3d 1697 [2011]). Present—Smith, J.P., Centra, Fahey, Gorski and Martoche, JJ.