People v Boyden
2013 NY Slip Op 08765 [112 AD3d 1373]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent,
v
Daniel J. Boyden, Appellant. (Appeal No. 2.)

—[*1] Williams, Heinl, Moody & Buschman, P.C., Auburn (Mario J. Gutierrez of counsel), for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered March 20, 2012. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree, robbery in the second degree, assault in the second degree, burglary in the second degree (two counts), unlawfully fleeing a police officer in a motor vehicle in the third degree and reckless driving.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Boyden (112 AD3d 1372 [2013]). Present—Scudder, P.J., Fahey, Peradotto, Carni and Valentino, JJ.