People v. Sweet

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 31, 2008. The appeal was held by this Court by order entered December 30, 2010, decision was *1253reserved and the matter was remitted to Supreme Court, Niagara County, for further proceedings (79 AD3d 1772). The proceedings were held and completed (Sara S. Sperrazza, A.J.).

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: We previously held this…