Opinion
12065 Ind. No. 1566/12 Case No. 2017-1428
10-15-2020
The PEOPLE of the State of New York, Respondent, v. Sentell SMITH, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Alan S. Axelrod of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Krois of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Alan S. Axelrod of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Krois of counsel), for respondent.
Renwick, J.P., Gesmer, Gonza´lez, Scarpulla, JJ.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 11, 2016, convicting defendant, upon his plea of guilty, of conspiracy in the fourth degree and criminal sale of a firearm in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 20 years, unanimously affirmed.
Defendant is collaterally estopped from relitigating the issue of whether he was properly adjudicated a second felony offender, because we rejected his argument on the merits on his prior appeal ( People v. Smith, 133 A.D.3d 548, 549, 20 N.Y.S.3d 359 [1st Dept. 2015] ; see People v. Dennis, 172 A.D.3d 550, 550–551, 101 N.Y.S.3d 31 [1st Dept. 2019] ; see generally Rojas v. Romanoff, 186 A.D.3d 103, 128 N.Y.S.3d 189 [1st Dept. 2020] ).
We perceive no basis for a reduction of sentence.