Opinion
KA 16–01965 1152
03-22-2019
The PEOPLE of the State of New York, Respondent, v. Joshua COLEMAN, Defendant–Appellant. (Appeal No. 2.)
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is affirmed.
Same memorandum as in People v. Coleman (appeal No. 1), ––– A.D.3d ––––, 94 N.Y.S.3d 897, 2019 WL 1303678 (Mar. 22, 2019) (4th Dept. 2019).
All concur except NEMOYER , J., who concurs in the result in the same concurring memorandum as in People v. Coleman (appeal No. 1), ––– A.D.3d ––––, 94 N.Y.S.3d 897, 2019 WL 1303678 (Mar. 22, 2019) (4th Dept. 2019).