| People v Scholz |
| 2015 NY Slip Op 01331 [125 AD3d 1491] |
| February 13, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v James H. Scholz, Appellant. (Appeal No. 1.) |
Adam H. Van Buskirk, Auburn, 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 (Mark H. Fandrich, A.J.), rendered May 28, 2013. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.
It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Scholz ([appeal No. 2] 125 AD3d 1492 [2015]). Present—Scudder, P.J., Smith, Centra, Lindley and Valentino, JJ.