Opinion
No. 9 KA 05-01450.
February 1, 2008.
Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered February 15, 2005. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Centra, Fahey, Green and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Bennett ( 48 AD3d 1031).