People v Smith
2009 NY Slip Op 04541 [63 AD3d 1602]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


The People of the State of New York, Respondent, v Justin Chad Smith, Appellant.

—[*1] E. Robert Fussell, P.C., Leroy (E. Robert Fussell of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (Kevin T. Finnell of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered November 8, 2007. The judgment convicted defendant, upon his plea of guilty, of unauthorized use of a vehicle in the second degree and aggravated unlicensed operation of a motor vehicle in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Martoche, Fahey, Carni and Pine, JJ.