SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
September 30, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
JOSEPH R. SPENCER,
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
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