People v Ortiz
2011 NY Slip Op 09422 [90 AD3d 1531]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


The People of the State of New York, Respondent, v Richard A. Ortiz, Appellant.

—[*1] Robert M. Pusateri, Conflict Defender, Lockport (Edward P. Perlman 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 (Sara S. Sperrazza, J.), rendered August 12, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree.

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