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The People of the State of New York v. Joseph R. Spencer

September 30, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JOSEPH R. SPENCER,
DEFENDANT-APPELLANT.



Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered April 16, 2007.

People v Spencer

Decided on September 30, 2011

Appellate Division, Fourth Department

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, CARNI, LINDLEY, AND MARTOCHE, JJ.

(APPEAL NO. 2.)

The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree and criminally possessing a hypodermic instrument.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and the superior court information is dismissed.

Same Memorandum as in People v Spencer ([appeal No. 1] ___ AD3d ___ [Sept. 30, 2011]).

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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