Opinion
2011-09-30
The PEOPLE of the State of New York, Respondent,v.Joseph R. SPENCER, Defendant–Appellant. (Appeal No. 2.)
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered April 16, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree and criminally possessing a hypodermic instrument.Theodore W. Stenuf, Minoa, for defendant-appellant.Cindy F. Intschert, District Attorney, Watertown (Harmony A. Healy of Counsel), for respondent.
Same Memorandum as in People v. Spencer [Appeal No. 1] –––A.D.3d ––––, ––– N.Y.S.2d ––––, 2011 WL 4507252 [Sept. 30, 2011].
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and the superior court information is dismissed.
SCUDDER, P.J., SMITH, CARNI, LINDLEY, and MARTOCHE, JJ., concur.