People v. Weathington

• Decision Date: 08 July 2016
• Citation: 141 A.D.3d 1173,34 N.Y.S.3d 923 (Mem),2016 N.Y. Slip Op. 05475
• Parties: The PEOPLE of the State of New York, Respondent, v. Nicolas WEATHINGTON, Defendant–Appellant. (Appeal No. 1.).
• Court: New York Supreme Court — Appellate Division

141 A.D.3d 1173

34 N.Y.S.3d 923 (Mem)

2016 N.Y. Slip Op. 05475

The PEOPLE of the State of New York, Respondent,

v.Nicolas WEATHINGTON, Defendant–Appellant. (Appeal No. 1.).

Supreme Court, Appellate Division, Fourth Department, New York.

July 8, 2016.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered January 10, 2013. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree and burglary in the second degree.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant.

Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Nicholas T. Texido of Counsel), for Respondent.

Same memorandum as in People v. Weathington (Appeal No. 2), –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2016 WL 3638332 (July 8, 2016)

.

It is hereby ORDERED that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is affirmed.

PERADOTTO

, J.P., CARNI, CURRAN, TROUTMAN, and SCUDDER, JJ., concur.