People v. Smith

Full title: The PEOPLE of the State of New York, Respondent, v. Brian L. SMITH, also…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 10, 2016

144 A.D.3d 1548 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 7471

40 N.Y.S.3d 332

Opinion

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.

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.

Michael Steinberg, Rochester, 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 ––––, 40 N.Y.S.3d 330, 2016 WL 6643857 (Nov. 10, 2016).

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

CENTRA, J.P., PERADOTTO, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.