People v Martinez

People v Martinez 2012 NY Slip Op 07490 Released on November 9, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.
1122 KA 10-02298

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JOSE MARTINEZ, ALSO KNOWN AS "GORDO," DEFENDANT-APPELLANT. (APPEAL NO. 3.)


Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 24, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.


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

Same Memorandum as in People v Martinez ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]).
Entered: November 9, 2012
Frances E. Cafarell
Clerk of the Court