*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 359

KA 08-00632

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER HARRELL BONNER, ALSO KNOWN AS DAMIEN PROPHET,

ALSO KNOWN AS PETE WALLER, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

THOMAS E. ANDRUSCHAT, EAST AURORA, FOR DEFENDANT-APPELLANT.

HARRELL BONNER, DEFENDANT-APPELLANT PRO SE.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (NICHOLAS TEXIDO OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Erie County Court (Michael L.

D’Amico, J.), rendered January 28, 2008. The judgment convicted defendant, upon a jury verdict, of murder in the second degree (three counts).

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

Same Memorandum as in People v Bonner ([appeal No. 1] ___ AD3d ___ [Apr. 27, 2012]).

Entered: April 27, 2012 Frances E. Cafarell

Clerk of the Court