People v Smith
2008 NY Slip Op 08895 [56 AD3d 1218]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


The People of the State of New York, Respondent, v Jeffrey C. Smith, Appellant.

—[*1] Charles J. Greenberg, Buffalo, for defendant-appellant.

Richard E. Swinehart, District Attorney, Waterloo (Melvin Bressler of counsel), for respondent.

Appeal from a judgment of the Seneca County Court (W. Patrick Falvey, J.), rendered May 17, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ. [See 15 Misc 3d 1101(A), 2007 NY Slip Op 50451(U) (2007).]