People v Weaver
2009 NY Slip Op 09898 [68 AD3d 1781]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York, Respondent, v Tony Weaver, Appellant.

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

Richard M. Healy, District Attorney, Lyons (Wendy Evans Lehmann of counsel), for respondent.

Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered January 6, 2009. The judgment convicted defendant, upon a jury verdict, of resisting arrest and disorderly conduct (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Wayne County Court for proceedings pursuant to CPL 460.50 (5). Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.