People v. Daoust

People v Daoust (2019 NY Slip Op 09166)

People v Daoust

2019 NY Slip Op 09166

Decided on December 20, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, NEMOYER, AND WINSLOW, JJ.

1151 KA 18-01559

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DAVID P. DAOUST, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT-APPELLANT.

CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Niagara County Court (Mark A. Violante, A.J.), rendered April 25, 2018. The judgment convicted defendant upon his plea of guilty of burglary in the third degree and petit larceny.

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

Same memorandum as in People v Daoust ([appeal No. 1] — AD3d — [Dec. 20, 2019] [4th Dept 2019]).

Entered: December 20, 2019

Mark W. Bennett

Clerk of the Court