THE PEOPLE V TOBIAS SMOTHERS THE PEOPLE V TOBIAS S. (APPEAL NO. 2.)
Motion No: KA 19-00810 and KA 19-00811
Slip Opinion No: 2021 NY Slip Op 66317(U)
Decided on May 19, 2021
Appellate Division, Fourth 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.


May 19, 2021

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 19-00810 and KA 19-00811
Indictment No: 2018-1326
Indictment No: 2018-656 / SCI No: 43474

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TOBIAS SMOTHERS, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TOBIAS S., DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from the judgments of the Supreme Court, Erie County, rendered February 26, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 19, 2021

Mark W. Bennett

Clerk of the Court