People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN L. SMITH, ALSO…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Nov 10, 2016

2016 N.Y. Slip Op. 7471 (N.Y. App. Div. 2016)

Opinion

893 KA 15-00094

11-10-2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN L. SMITH, ALSO KNOWN AS BRIAN LEE SMITH, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

MICHAEL STEINBERG, ROCHESTER, FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

CENTRA, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

PRESENT:

MICHAEL STEINBERG, ROCHESTER, FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Genesee County (Eric R. Adams, A.J.), rendered June 25, 2014. The judgment convicted defendant, upon his plea of guilty, of aggravated family offense.

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

Same memorandum as in People v Smith ([appeal No. 1] ___ AD3d ___ [Nov. 10, 2016]).

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court