People v Wackwitz
2012 NY Slip Op 01960 [93 AD3d 1221]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


The People of the State of New York, Respondent, v Jeffrey S. Wackwitz, Sr., Appellant. (Appeal No. 2.)

—[*1] Carr Saglimben LLP, Olean (Jay D. Carr of counsel), for defendant-appellant.

Lori Pettit Rieman, District Attorney, Little Valley (John C. Luzier of counsel), for respondent.

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered November 9, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Wackwitz (93 AD3d 1220 [2012]). Present—Scudder, P.J., Smith, Carni and Sconiers, JJ.