People v Russell
2015 NY Slip Op 08250 [133 AD3d 1201]
November 13, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2015


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 The People of the State of New York, Respondent, v Jeffery T. Russell, Appellant. (Appeal No. 2.)

D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for defendant-appellant.

Richard M. Healy, District Attorney, Lyons (Melvin Bressler of counsel), for respondent.

Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered November 30, 2010. 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 Russell ([appeal No. 1] 133 AD3d 1199 [2015]). Present—Scudder, P.J., Peradotto, Carni, Valentino and Whalen, JJ.