People v Rosato

People v Rosato 2007 NY Slip Op 08487 [45 AD3d 1249] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent, v Joshua Rosato, Appellant.

—[*1] Tyson Blue, Canandaigua, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered April 13, 2005. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree and stalking in the first degree.

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., Hurlbutt, Peradotto, Green and Pine, JJ.