Opinion
KA 01-00901
October 1, 2002.
Appeal from a judgment of Niagara County Court (Sperrazza, J.), entered March 21, 2001, convicting defendant upon his plea of guilty of attempted assault in the second degree.
JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (LEONARD G. TILNEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, HURLBUTT, SCUDDER, AND BURNS, JJ.
ORDERED
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Clark, 176 A.D.2d 1206, 1206-1207, lv denied 79 N.Y.2d 854).