Supreme Court, Appellate Division, Fourth Department, New York.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FRANCIS S. SMITH, ALSO KNOWN AS FRANCIS SMITH, DEFENDANT–APPELLANT. (APPEAL NO. 2.)
Decided: November 21, 2014
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO, JJ.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Same Memorandum as in People v. Smith ( [appeal No. 1] _ AD3d _ [Nov. 21, 2014] ).
Frances E. Cafarell
Clerk of the Court