THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL ELLIS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

KA 08-01010

Decided: May 07, 2010

PRESENT:  CENTRA, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ. WYOMING COUNTY-ATTICA LEGAL AID BUREAU, INC., CONFLICT DEFENDERS, WARSAW (ANNA JOST OF COUNSEL), FOR DEFENDANT-APPELLANT. THOMAS E. MORAN, DISTRICT ATTORNEY, GENESEO (ERIC R. SCHIENER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Same Memorandum as in People v. Ellis ( [appeal No. 1] _ AD3d _ [May 7, 2010] ).

Patricia L. Morgan

Clerk of the Court