People v Brown
2016 NY Slip Op 04587 [140 AD3d 1683]
June 10, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 3, 2016


[*1]
 The People of the State of New York, Respondent, v David Brown, 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 (James P. Maxwell of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Jeffrey R. Merrill, A.J.), rendered November 13, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

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

Same memorandum as in People v Brown ([appeal No. 1] 140 AD3d 1682 [2016]). Present—Whalen, P.J., Smith, Lindley, NeMoyer and Scudder, JJ.