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. DARIUS BROWN, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

KA 09-02098

Decided: December 30, 2010

PRESENT:  SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ. RONALD C. VALENTINE, PUBLIC DEFENDER, LYONS (MARK C. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT. RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (DAVID V. SHAW OF COUNSEL), FOR RESPONDENT.

ORDER

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

Patricia L. Morgan

Clerk of the Court