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People v. Primm

December 31, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
XAVIER PRIMM, DEFENDANT-APPELLANT. (APPEAL NO. 1.)



Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered March 4, 2005. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND FAHEY, JJ.

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

Same Memorandum as in People v Primm ([appeal No. 2] ___ AD3d ___ [Dec. 31, 2008]).

20081231

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