People v Martinez
2012 NY Slip Op 07490 [100 AD3d 1425]
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 Jose Martinez, Also Known as "Gordo", Appellant. (Appeal No. 3.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 24, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

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

Same memorandum as in People v Martinez (100 AD3d 1424 [2012]). Present—Scudder, P.J., Smith, Fahey, Carni and Valentino, JJ.