People v McFarley

People v Mcfarley 2016 NY Slip Op 07441 Decided on November 10, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, LINDLEY, TROUTMAN, AND SCUDDER, JJ.
861 KA 14-00820

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JERWAN B. MCFARLEY, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

HUNT & BAKER, HAMMONDSPORT (BRENDA SMITH ASTON OF COUNSEL), FOR DEFENDANT-APPELLANT.

BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered December 4, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v McFarley ([appeal No. 1] ___ AD3d ___ [Nov. 10, 2016]).

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court