People v. Smith

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

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

Date published: Nov 21, 2014

2014 N.Y. Slip Op. 8188 (N.Y. App. Div. 2014)

Opinion

1224 KA 13-01584

11-21-2014

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

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

SCUDDER, P.J.

PRESENT: , PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO, JJ.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered May 2, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

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. 21, 2014]).

Entered: November 21, 2014

Frances E. Cafarell

Clerk of the Court