People v Banks
2015 NY Slip Op 00990 [125 AD3d 1277]
February 6, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2015


[*1]
 The People of the State of New York, Respondent, v Kevin Banks, Appellant. (Appeal No. 2.)

Frank H. Hiscock Legal Aid Society, Syracuse (Christine M. Cook of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Maria Maldonado of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Jeffrey R. Merrill, A.J.), rendered July 26, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

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

Same memorandum as in People v Banks ([appeal No. 1] 125 AD3d 1276 [2015]). Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.