People v D'Angelo
2012 NY Slip Op 01002 [92 AD3d 1216]
February 10, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent, v Jason A. D'Angelo, Appellant.

[*1] David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 19, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted 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 Lococo, 92 NY2d 825, 827 [1998]). Present—Centra, J.P., Fahey, Peradotto, Carni and Martoche, JJ.