People v Colon-Velazquez

People v Colon-Velazquez 2010 NY Slip Op 05098 [74 AD3d 1792] June 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

The People of the State of New York, Respondent, v Frankie C. Colon-Velazquez, Appellant. (Appeal No. 2.)

—[*1] John E. Tyo, Shortsville, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Brian D. Dennis of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered May 16, 2007. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree, burglary in the first degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Martoche, J.P., Smith, Centra, Sconiers and Pine, JJ.