Appellate Division of the Supreme Court of the State of New York June 15, 2012 (People v. Johnson)

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered March 23, 2010. The appeal was held by this Court by order entered October 7, 2011, decision was reserved and the matter was remitted to Supreme *1587Court, Erie County, for further proceedings (88 AD3d 1293 [2011]). The proceedings were held and completed.