People v Smalls
2012 NY Slip Op 07497 [100 AD3d 1430]
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 Ervin J. Smalls, Jr., Appellant. (Appeal No. 2.)

—[*1] Timothy P. Donaher, Public Defender, Rochester (Mark C. Davison of counsel), for defendant-appellant.

Ervin J. Smalls, Jr., defendant-appellant pro se.

Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered May 21, 2008. 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 Smalls (100 AD3d 1428 [2012]). Present—Scudder, P.J., Smith, Fahey, Carni and Valentino, JJ.