IN RE: STATE OF NEW YORK

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Supreme Court, Appellate Division, Fourth Department.

IN RE: STATE OF NEW YORK, PETITIONER–RESPONDENT, v. LERRYL SMITH, RESPONDENT–APPELLANT. (APPEAL NO. 2.)

CA 15–01831

Decided: December 23, 2016

PRESENT:  WHALEN, P.J., CENTRA, CARNI, CURRAN, AND TROUTMAN, JJ. EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, BUFFALO (MARGOT S. BENNETT OF COUNSEL), FOR RESPONDENT–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (LAURA ETLINGER OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Matter of State of New York v. Smith ( [appeal No. 1] _ AD3d _ [Dec. 23, 2016] ).

Frances E. Cafarell

Clerk of the Court