People v McCurty
2009 NY Slip Op 02177 [60 AD3d 1406]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Respondent, v Aaron J. McCurty, Appellant. (Appeal No. 1.)

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Robert P. Rickert of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered October 5, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree.

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

Same memorandum as in People v McCurty (60 AD3d 1406 [2009]). Present—Smith, J.P., Fahey, Peradotto, Carni and Gorski, JJ.