People v Allen
2012 NY Slip Op 02233 [93 AD3d 1341]
March 23, 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 Charles J. Allen, Also Known as CJ, Appellant. (Appeal No. 2.)

—[*1] Charles A. Marangola, Moravia, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered December 10, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Allen (93 AD3d 1340 [2012]). Present—Smith, J.P., Peradotto, Carni and Sconiers, JJ.