People v Smothers
2007 NY Slip Op 05018 [41 AD3d 1272]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


The People of the State of New York, Respondent, v Tracy Smothers, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen C. Russo-McLaughlin of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Steven Meyer of counsel), for respondent.

Appeal from a resentence of the Erie County Court (Timothy J. Drury, J.), rendered January 20, 2005. Defendant was resentenced upon her conviction of criminal possession of a weapon in the third degree.

It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously affirmed. Present—Gorski, J.P., Smith, Centra, Lunn and Fahey, JJ.