People v Smith
2004 NY Slip Op 00729 [4 AD3d 899]
Decided on February 11, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND SCUDDER, JJ.

14 KA 02-01483

[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER

v

DARNELL SMITH, DEFENDANT-APPELLANT.



Appeal from a judgment of the Monroe County Court (Charles T. Maloy, J.), rendered May 8, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.


EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court