People v Nelson
2018 NY Slip Op 06393 [164 AD3d 1650]
September 28, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2018


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

Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered January 8, 2015. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

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

Same memorandum as in People v Nelson ([appeal No. 1] 164 AD3d 1643 [4th Dept 2018]). Present—Whalen, P.J., Smith, DeJoseph, NeMoyer and Troutman, JJ.