NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
March 19, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DORIAN FACEN, APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered April 18, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Facen (71 AD3d 1410 ).
Present---Smith, J.P., Carni, Pine and Gorski, JJ.
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