People v. Eppolito

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT J. EPPOLITO…

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

Date published: Mar 27, 2015

2015 N.Y. Slip Op. 2645 (N.Y. App. Div. 2015)

Opinion

408 KA 12-01056

03-27-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT J. EPPOLITO, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

ANNA JOST, TONAWANDA, FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

SMITH, J.P.

PRESENT: , VALENTINO, WHALEN, AND DEJOSEPH, JJ.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered April 26, 2012. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

ANNA JOST, TONAWANDA, FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Eppolito ([appeal No. 1] ___ AD3d ___ [Mar. 27, 2015]).

Entered: March 27, 2015

Frances E. Cafarell

Clerk of the Court