| People v Spinks |
| 2025 NY Slip Op 04304 [240 AD3d 1186] |
| July 25, 2025 |
| 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 Jonathan Spinks, Appellant. (Appeal No. 2.) |
David P. Elkovitch, Auburn, for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Bridget L. Field of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Vincent M. Dinolfo, J.), rendered December 22, 2022. The judgment convicted defendant, upon a jury verdict, of attempted murder in the second degree, assault in the first degree, burglary in the first degree (two counts) and criminal possession of a weapon in the second degree (three counts).
It is hereby ordered that the judgment so appealed from is affirmed.
Same memorandum as in People v Spinks ([appeal No. 1] 240 AD3d 1176 [4th Dept 2025]).
All concur except Whalen, P.J., who dissents and votes to reverse in accordance with the same dissenting memorandum as in People v Spinks ([appeal No. 1] 240 AD3d 1176 [4th Dept 2025]). Present—Whalen, P.J., Curran, Greenwood and Keane, JJ.