People v Beardsley
2019 NY Slip Op 04818 [173 AD3d 1724]
June 14, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2019


[*1]
 The People of the State of New York, Respondent,
v
Rocco A. Beardsley, Appellant. (Appeal No. 3.)

Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), for defendant-appellant.

Patrick E. Swanson, District Attorney, Mayville (Lynn S. Schaffer of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Chautauqua County (Paul Wojtaszek, J.), rendered January 12, 2017. The judgment convicted defendant, upon his plea of guilty, of attempted 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 Beardsley ([appeal No. 1] 173 AD3d 1722 [4th Dept 2019]). Present—Whalen, P.J., Centra, NeMoyer, Curran and Winslow, JJ.