People v Johnson
2012 NY Slip Op 07541 [100 AD3d 1463]
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 George E. Johnson, Appellant.

—[*1] Joseph T. Jarzembek, Buffalo, for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a resentence of the Genesee County Court (Robert C. Noonan, J.), rendered March 15, 2011. Defendant was resentenced upon his conviction of assault in the first degree and attempted assault in the first degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed (see People v Lingle, 16 NY3d 621 [2011]). Present—Scudder, P.J., Smith, Centra, Lindley and Whalen, JJ.