People v Beyrau
2014 NY Slip Op 01919 [115 AD3d 1240]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


The People of the State of New York, Respondent, v James Beyrau, Appellant. (Appeal No. 2.)

[*1] Robert Tucker, Palmyra, for defendant-appellant.

Richard M. Healy, District Attorney, Lyons (Jacqueline McCormick of counsel), for respondent.

Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered May 22, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of marihuana in the second degree and criminal possession of a weapon in the fourth degree (two counts).

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

Same memorandum as in People v Beyrau (115 AD3d 1240 [2014]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Whalen, JJ.