People v McFarley
2016 NY Slip Op 07441 [144 AD3d 1523]
November 10, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2017


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

Hunt & Baker, Hammondsport (Brenda Smith Aston of counsel), for defendant-appellant.

Brooks T. Baker, District Attorney, Bath (John C. Tunney of counsel), for respondent.

Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered December 4, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree.

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

Same memorandum as in People v McFarley ([appeal No. 1] 144 AD3d 1521 [2016]). Present—Whalen, P.J., Smith, Lindley, Troutman and Scudder, JJ.