*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1539

KA 09-02127

PRESENT: SCUDDER, P.J., SMITH, GREEN, PINE, AND GORSKI, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER COLBY FOSS, III, DEFENDANT-APPELLANT.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

COLBY FOSS, III, DEFENDANT-APPELLANT PRO SE.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Niagara County Court (Sara S.

Sperrazza, J.), rendered June 1, 2005. The judgment convicted defendant, upon a jury verdict, of criminal sexual act in the first degree (three counts) and endangering the welfare of a child.

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

All concur except P INE , J., who is not participating. Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court