People v Fayette
2011 NY Slip Op 06765 [87 AD3d 1367]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


The People of the State of New York, Respondent, v Joseph D. Fayette, Appellant.

—[*1] Betzjitomir & Baxter, LLP, Bath (Terrence Baxter of counsel), for defendant-appellant.

Cindy F. Intschert, District Attorney, Watertown (Kristyna S. Mills of counsel), for respondent.

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered May 10, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Watts, 78 AD3d 1593 [2010], lv denied 16 NY3d 838 [2011]). Present—Scudder, P.J., Smith, Lindley, Sconiers and Gorski, JJ.