People v. Heinig — 21 A.D.3d 1298

Majority

p. 1298

The People of the State of New York, Respondent, v Frederick J. Heinig, Appellant.

(Appeal No. 2.)

[801 NYS2d 200]

Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered September 30, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

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

Same memorandum as in People v Heinig ( 21 AD3d 1297 [2005]). Present—Green, J.P., Scudder, Kehoe, Smith and Lawton, JJ.

Cases cited

People v. Heinig 21 AD3d 1297 N.Y. App. Div. 2005-09-30 p. 1298