| People v Smith |
| 2004 NY Slip Op 01888 [5 AD3d 1131] |
| Decided on March 19, 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 March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
251 KA 03-02010
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
MICHAEL A. SMITH, DEFENDANT-APPELLANT.
Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered March 19, 2003. The judgment convicted defendant, upon his plea of guilty, of sodomy in the third degree.
DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court