People v Byng
2017 NY Slip Op 02537 [148 AD3d 1753]
March 31, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2017


[*1]
 The People of the State of New York, Respondent, v Kevin V. Byng, Appellant. (Appeal No. 2.)

Peter J. Digiorgio, Jr., Utica, for defendant-appellant.

Kevin V. Byng, defendant-appellant pro se.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered September 8, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the third degree.

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

Same memorandum as in People v Byng ([appeal No. 1] 148 AD3d 1752 [2017]). Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.