People v Downing
2011 NY Slip Op 08011 [89 AD3d 1443]
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 Everett L. Downing, Jr., Appellant.

—[*1] David J. Farrugia, Public Defender, Lockport (Mary-Jean Bowman of counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered July 14, 2010. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Lococo, 92 NY2d 825, 827 [1998]). Present—Peradotto, J.P., Carni, Lindley, Sconiers and Green, JJ.