People v Irving
2013 NY Slip Op 07580 [111 AD3d 1366]
November 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Respondent, v Lester P. Irving, Appellant.

—[*1] Frank J. Nebush, Jr., Public Defender, Utica (Patrick J. Marthage of counsel), for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered December 2, 2010. The judgment convicted defendant, upon a jury verdict, of aggravated criminal contempt and assault in the third degree.

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