People v Guantero
2012 NY Slip Op 07453 [100 AD3d 1387]
November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent, v Fernando P. Guantero, Appellant. (Appeal No. 2.)

—[*1] Donald R. Gerace, Utica, for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered July 29, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

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

Same memorandum as in People v Guantero (100 AD3d 1386 [2012]). Present—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.