People v Smith

People v Smith 2011 NY Slip Op 01119 Decided on February 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 17, 2011
Tom, J.P., Saxe, DeGrasse, Freedman, Román, JJ.
4277 1073/08

[*1]The People of the State of New York, Respondent,

v

Jerry Smith, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Carl S. Kaplan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P.
Stromes of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Maxwell Wiley, J.) rendered on or about February 11, 2009,

And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon,

It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

ENTERED: FEBRUARY 17, 2011

CLERK
Counsel for appellant is referred to
§ 606.5, Rules of the Appellate
Division, First Department.