People v. Gayden , 974 N.Y.S.2d 853 ( 2013 )

Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered February 15, 2008. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Gayden ([appeal No. 2] 111 AD3d 1388 [2013]). Present — Fahey, J.E, Peradotto, Lindley, Sconiers and Whalen, JJ.