People v Powell
2011 NY Slip Op 08023 [89 AD3d 1453]
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 Kelvin Powell, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen Russo-Mclaughlin of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered December 18, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, P.J., Smith, Sconiers, Gorski and Martoche, JJ.