People v Smith, Gary L.
Motion No: 2017-01540
Slip Opinion No: 2020 NY Slip Op 64777(U)
Decided on March 11, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M270250

E/sl

REINALDO E. RIVERA, J.

2017-01540

The People, etc., respondent,

v Gary L. Smith, appellant.

(Ind. No. 1652/15)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court dated July 24, 2019, which affirmed a judgment of the County Court, Suffolk County, rendered December 22, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is dismissed, as, by order dated October 23, 2019, the Court of Appeals denied the appellant's application for leave to appeal to the Court of Appeals (see People v Smith, 34 NY3d 984), and only one application for leave to appeal to the Court of Appeals may be made (see CPL 460.20; People v Spence, 82 NY2d 671).

REINALDO E. RIVERA

Associate Justice