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. BENJAMIN RIVERA, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

KA 08-00201

Decided: March 25, 2011

PRESENT:  CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ. MULDOON & GETZ, ROCHESTER (GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT. BENJAMIN RIVERA, DEFENDANT-APPELLANT PRO SE. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LESLIE E. SWIFT 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. Rivera ( [appeal No. 1] _ AD3d _ [Mar. 25, 2011] ).

Patricia L. Morgan

Clerk of the Court