THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOHN BUTLER DEFENDANT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN H. BUTLER, DEFENDANT-APPELLANT.

KA 06-00233

Decided: July 02, 2010

PRESENT: MARTOCHE, J.P., FAHEY, PERADOTTO, AND GREEN, JJ.

STEPHEN BIRD, ROCHESTER, FOR DEFENDANT-APPELLANT. JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09[1] ). We previously held the case, reserved decision and remitted the matter to County Court for a reconstruction hearing to determine whether the prospective jurors had been properly sworn in compliance with CPL 270.15(1)(a) (People v. Butler, 46 AD3d 1446). Upon remittal, we conclude that the court properly determined that there was such compliance with the statute. Defendant's remaining contentions extend beyond the scope of the remittal and were not raised by defendant prior to remittal. Even assuming, arguendo, that those contentions are properly before us, we would conclude that they are without merit.

Patricia L. Morgan

Clerk of the Court

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