People v Nottingham
2011 NY Slip Op 07993 [89 AD3d 1428]
November 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


The People of the State of New York, Respondent, v James S. Nottingham Sr., Also Known as James S. Nottingham and Others, Appellant.

—[*1] E. Robert Fussell, P.C., Leroy (E. Robert Fussell of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered April 7, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree, driving while intoxicated, as a misdemeanor and aggravated unlicensed operation of a motor vehicle in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Fahey, J.P., Carni, Sconiers, Gorski and Martoche, JJ.