41 A.D.3d 1309
N.Y. App. Div.
2007

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOSE A. MARCIAL, Appellant. (Appeal No. 2.)

Appeal No. 2

Supreme Court, Appellate Division, Fourth Department, New York

2007

836 N.Y.S.2d 479

Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered July 15, 2003. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Marcial (41 AD3d 1308 [2007]).

Present—Scudder, P.J., Centra, Lunn, Fahey and Peradotto, JJ.