People v Weaver

2009 NY Slip Op 09898 [68 AD3d 1781]

December 30, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent, v Tony Weaver,Appellant.

—[*1]Ronald C. Valentine, Public Defender, Lyons (William G. Pixley of counsel), fordefendant-appellant.

Richard M. Healy, District Attorney, Lyons (Wendy Evans Lehmann of counsel), forrespondent.

Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), renderedJanuary 6, 2009. The judgment convicted defendant, upon a jury verdict, of resisting arrest anddisorderly conduct (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed and thematter is remitted to Wayne County Court for proceedings pursuant to CPL 460.50 (5).Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.