SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 20, 2009
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered August 18, 1999.
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CARNI, AND PINE, JJ.
MEMORANDUM AND ORDER
(APPEAL NO. 2.)
The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.
It is hereby ORDERED that said appeal from the judgment insofar as it imposed a sentence of a period of postrelease supervision is unanimously dismissed and the judgment is otherwise affirmed. Same Memorandum as in People v Facen ([appeal No. 1] ___ AD3d ___ [Nov. 20, 2009]).
Patricia L. Morgan Clerk of the Court
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