| People v Irby |
| 2018 NY Slip Op 00642 [158 AD3d 1054] |
| February 2, 2018 |
| 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 Michael A. Irby, Appellant. (Appeal No. 2.) |
Raymond P. Kot, II, Williamsville, 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 July 1, 2015. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Irby ([appeal No. 1] 158 AD3d 1050 [2018]). Present—Whalen, P.J., Peradotto, Lindley, NeMoyer and Troutman, JJ.