People v Walker
2009 NY Slip Op 07034 [66 AD3d 1460]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent, v Christopher T. Walker, Jr., Appellant. (Appeal No. 2.)

—[*1] Thomas J. Eoannou, Buffalo (Jeremy D. Schwartz of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered November 1, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Niagara County Court for further proceedings on the superior court information.

Same memorandum as in People v Walker (66 AD3d 1459 [2009]). Present—Martoche, J.P., Centra, Fahey, Peradotto and Green, JJ.