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. CHRISTIAN L. FLAGG, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 13–00058

Decided: June 14, 2013

PRESENT:  CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND WHALEN, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is otherwise affirmed.

Same Memorandum as in People v. Flagg ( [appeal No. 1] _ AD3d _ [June 14, 2013] ).

Frances E. Cafarell

Clerk of the Court