People v Smith
2008 NY Slip Op 09713 [57 AD3d 291]
December 11, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
David Smith, Also Known as James Johnson, Appellant.

—[*1] Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth

Squires of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered on or about April 18, 2007, unanimously affirmed. No opinion. Order filed. Concur—Andrias, J.P., Saxe, Sweeny, Catterson and Moskowitz, JJ.