THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STANLEY E. SMITH, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 10–01583

Decided: April 20, 2012

PRESENT:  SMITH, J.P., LINDLEY, SCONIERS, AND MARTOCHE, JJ. SCOTT P. FALVEY, CANANDAIGUA, FOR DEFENDANT–APPELLANT. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA, FOR RESPONDENT.

ORDER

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

Frances E. Cafarell

Clerk of the Court