People v McMillan
2018 NY Slip Op 01729 [159 AD3d 1381]
March 16, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 2, 2018


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 The People of the State of New York, Respondent, v Marcus J. McMillan, Appellant. (Appeal No. 2.)

Davison Law Office PLLC, Canandaigua (Mary P. Davison of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered April 26, 2012. 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 McMillan ([appeal No. 1] 159 AD3d 1381 [4th Dept 2018]). Present—Smith, J.P., Peradotto, Lindley, Curran and Winslow, JJ.