People v Couser
2015 NY Slip Op 02376 [126 AD3d 1423]
March 20, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2015


[*1]
 The People of the State of New York, Respondent, v Phillip Couser, Appellant. (Appeal No. 2.)

Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered June 22, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the first degree.

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

Same memorandum as in People v Couser ([appeal No. 1] 126 AD3d 1419 [2015]). Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.