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.
RAYMOND P. KOT, II, WILLIAMSVILLE, FOR DEFENDANT–APPELLANT.
BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v. Irby [appeal No. 1], 158 A.D.3d 1050, –––N.Y.S.3d –––– (4th Dept. 2018).