People v Walker

2009 NY Slip Op 07034 [66 AD3d 1460]

October 2, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent, v ChristopherT. Walker, Jr., Appellant. (Appeal No. 2.)

—[*1]Thomas J. Eoannou, Buffalo (Jeremy D. Schwartz of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), renderedNovember 1, 2007. The judgment convicted defendant, upon his plea of guilty, of attemptedcriminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law,the plea is vacated, and the matter is remitted to Niagara County Court for further proceedingson the superior court information.

Same memorandum as in People v Walker (66 AD3d 1459 [2009]).Present—Martoche, J.P., Centra, Fahey, Peradotto and Green, JJ.