Majority
p. 1525The People of the State of New York, Respondent, v Wesley Kirkland, Appellant. [922 NYS2d 218]
Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered March 27, 2008. The appeal was held by this Court by order entered December 30, 2009, decision was reserved and the matter was remitted to Erie County Court for further proceedings ( 68 AD3d 1794 [2009]). The proceedings were held and completed (Sheila A. DiTullio, J.).
It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Smith, Centra and Lindley, JJ.