People v Glanton

People v Glanton 2010 NY Slip Op 03566 [72 AD3d 1538] April 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

The People of the State of New York, Respondent, v Romaris Glanton, Appellant. (Appeal No. 2.)

—[*1] Ronald C. Valentine, Public Defender, Lyons (William G. Pixley of counsel), for defendant-appellant.

Richard M. Healy, District Attorney, Lyons (David V. Shaw of counsel), for respondent.

Appeal from a judgment of the Wayne County Court (Stephen R. Sirkin, J.), rendered May 30, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated and the matter is remitted to Wayne County Court for further proceedings on the indictment.

Same memorandum as in People v Glanton (72 AD3d 1536 [2010]). Present—Scudder, P.J., Sconiers, Green and Gorski, JJ.