| People v Eppolito |
| 2015 NY Slip Op 02645 [126 AD3d 1537] |
| March 27, 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 Robert J. Eppolito, Appellant. (Appeal No. 2.) |
Anna Jost, Tonawanda, for defendant-appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered April 26, 2012. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Eppolito ([appeal No. 1] 126 AD3d &mdash, 2015 NY Slip Op 02644 [2015]). Present—Smith, J.P., Valentino, Whalen and DeJoseph, JJ.