People v Smith

People v Smith 2017 NY Slip Op 03374 Decided on April 28, 2017 Appellate Division, Fourth 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 April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, TROUTMAN, AND SCUDDER, JJ.
539 KA 15-00671

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

SONNY L. SMITH, DEFENDANT-APPELLANT.

WILLIAMS HEINL MOODY BUSCHMAN, P.C., AUBURN (MARIO J. GUTIERREZ OF COUNSEL), FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered March 17, 2015. The judgment convicted defendant, upon his plea of guilty, of menacing in the second degree (two counts).

It is hereby ORDERED that said appeal is unanimously dismissed (see People v Mackey, 79 AD3d 1680, 1681, lv denied 16 NY3d 860).

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court