People v Smith
2008 NY Slip Op 05247 [52 AD3d 1282] [52 AD3d 1282]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent, v Joseph M. Smith, Appellant.

—[*1] Schlather, Geldenhuys, Stumbar & Salk, Ithaca (David M. Parks of counsel), for defendant-appellant.

Appeal from a judgment of the Allegany County Court (Thomas P. Brown, J.), rendered September 13, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Centra, J.P., Lunn, Fahey, Peradotto and Gorski, JJ.