People v Smith

People v Smith 2020 NY Slip Op 05644 Decided on October 9, 2020 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 October 9, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, BANNISTER, AND DEJOSEPH, JJ.
634 KA 18-00308

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

v

ISAIAH SMITH, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

DANIELLE NERONI REILLY, ALBANY, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.

Appeal from a resentence of the Monroe County Court (Melchor E. Castro, A.J.), rendered July 28, 2017. Defendant was resentenced upon his conviction of attempted robbery in the second degree.

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

Same memorandum as in People v Smith ([appeal No. 1] — AD3d — [Oct. 9, 2020] [4th Dept 2020]).

Entered: October 9, 2020

Mark W. Bennett

Clerk of the Court