People v. Irby

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL A. IRBY…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Feb 2, 2018

2018 N.Y. Slip Op. 642 (N.Y. App. Div. 2018)

Opinion

6 KA 16-00487

02-02-2018

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL A. IRBY, DEFENDANT-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.

WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

PRESENT:

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] — AD3d — [Feb. 2, 2018] [4th Dept 2018]).

Entered: February 2, 2018

Mark W. Bennett

Clerk of the Court