People v Allen
2013 NY Slip Op 00826 [103 AD3d 1214]
February 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


The People of the State of New York, Respondent, v Robbie L. Allen, Appellant. (Appeal No. 1.)

—[*1] Leanne Lapp, Public Defender, Canandaigua (Mark C. Davison of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered April 5, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (two counts).

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Allen (103 AD3d 1214 [2013]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.