People v Smith

People v Smith 2014 NY Slip Op 01812 Decided on March 20, 2014 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 March 20, 2014
Acosta, J.P., Andrias, Moskowitz, Richter, Manzanet-Daniels, JJ.
11237 307/08

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

v

Andrew Smith, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Bruce D. Austern of counsel), for appellant.
Andrew Smith, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Britta
Gilmore of counsel), for respondent.

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered October 5, 2009, convicting defendant, after a jury trial, of burglary in the third degree, robbery in the second degree, criminal impersonation in the first degree and petit larceny, and sentencing him, as a persistent violent felony offender, to an aggregate term of 16 years, unanimously modified, on the law, to the extent of vacating the burglary conviction and dismissing that count of the indictment, and otherwise affirmed.

For the reasons stated in our decision on a codefendant's appeal (People v [Mikal] Smith, 87 AD3d 920 [1st Dept 2011], affd __ NY3d __, 2014 NY Slip Op 00902 [2014]), we find that the burglary conviction was based on legally insufficient evidence. Defendant's other challenges to the sufficiency or weight of the evidence are similar to arguments this Court rejected on the codefendant's appeal, and we find no reason to reach a different result.

We have considered and rejected defendant's pro se claims.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2014

CLERK