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PEOPLE v. SMITH

776 KA 19-02105.

210 A.D.3d 1429 (2022)

176 N.Y.S.3d 519

2022 NY Slip Op 06365

The People of the State of New York, Respondent, v. Kevin L. Smith, Appellant.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALLISON V. McMAHON OF COUNSEL, FOR DEFENDANT-APPELLANT.

JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.

Appeal from a judgment of the Ontario County Court (Kristina Karle, J.), rendered June 19, 2019. The judgment convicted defendant upon his plea of guilty of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220...

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