Opinion
No. KA 06-02421.
March 14, 2008.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered August 1, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by imposing a definite term of imprisonment of one year and as modified the judgment is affirmed.
Same memorandum as in People v Wheeler ( 49 AD3d 1230).