SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 9, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOSE MARTINEZ, ALSO KNOWN AS "GORDO," DEFENDANT-APPELLANT. (APPEAL NO. 3.)
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 24, 2009.
People v Martinez
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.
Released on November 9, 2012
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.
The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Same Memorandum as in People v Martinez ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court
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