People v Hunter

People v Hunter 2007 NY Slip Op 08605 [45 AD3d 1370] 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 Ephriam Hunter, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Michael C. Walsh of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Raymond C. Herman of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered May 29, 2003. The appeal was held by this Court by order entered December 22, 2006, decision was reserved and the matter was remitted to Supreme Court, Erie County, for further proceedings (35 AD3d 1228 [2006]). The proceedings were held and completed (John L. Michalski, J.).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.