Opinion
KA 00-01665
November 15, 2002.
Appeal from a judgment of Niagara County Court (Hannigan, J.), entered December 23, 1998, convicting defendant upon his plea of guilty of assault in the second degree.
JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (LEONARD G. TILNEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 N.Y.2d 733, 737).