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. SALVATORE GIANNI, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 09–00885

Decided: April 20, 2012

PRESENT:  SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ. FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CHRISTINE M. COOK OF COUNSEL), FOR DEFENDANT–APPELLANT. SALVATORE GIANNI, DEFENDANT–APPELLANT PRO SE. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE 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. Gianni ( [appeal No. 1] _ AD3d _ [Apr. 20, 2012] ).

Frances E. Cafarell

Clerk of the Court