People v Gabak
2013 NY Slip Op 02982 [105 AD3d 1460]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


The People of the State of New York, Respondent, v John M. Gabak, Appellant.

—[*1] John E. Tyo, Shortsville, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Heather Parker Hines of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered December 12, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Centra, J.P., Fahey, Lindley, Sconiers and Valentino, JJ.