| People v Spencer |
| 2011 NY Slip Op 06682 [87 AD3d 1290] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Joseph R. Spencer, Appellant. (Appeal No. 2.) |
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Cindy F. Intschert, District Attorney, Watertown (Harmony A. Healy of counsel), for
respondent.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered April 16, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree and criminally possessing a hypodermic instrument.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and the superior court information is dismissed.
Same memorandum as in People v Spencer (87 AD3d 1284 [2011]). Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.