*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 868

KA 11-00188

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER LESTER P. IRVING, DEFENDANT-APPELLANT.

FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (PATRICK J. MARTHAGE OF COUNSEL), FOR DEFENDANT-APPELLANT.

SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Oneida County Court (Barry M.

Donalty, J.), rendered December 2, 2010. The judgment convicted defendant, upon a jury verdict, of aggravated criminal contempt and assault in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Entered: November 15, 2013 Frances E. Cafarell

Clerk of the Court