People v Holcomb
2009 NY Slip Op 03236 [61 AD3d 1356]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent, v Shelby Holcomb, Appellant. (Appeal No. 1.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered August 22, 2007. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

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

Same memorandum as in People v Holcomb (61 AD3d 1356 [2009]). Present—Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.