People v De Biaso

People v DeBiaso 2007 NY Slip Op 03495 [39 AD3d 1256] April 20, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent, v Chester L. DeBiaso, Appellant. (Appeal No. 2.)

—[*1] Michael J. Violante, Public Defender, Lockport (Joseph G. Frazier of counsel), for defendant-appellant.

Matthew J. Murphy, III, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent. Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered June 13, 2003. The judgment convicted defendant, upon his plea of guilty, of possessing a sexual performance by a child.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, P.J., Centra, Lunn, Peradotto and Pine, JJ.