Opinion
2014-11-21
The PEOPLE of the State of New York, Respondent, v. Francis S. SMITH, Also Known as Francis Smith, Defendant–Appellant. (Appeal No. 2.).
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.
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.
Same Memorandum as in People v. Smith (Appeal No. 1), –––A.D.3d ––––, ––– N.Y.S.2d ––––, 2014 WL 6506337 (Nov. 21, 2014).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, and VALENTINO, JJ., concur.