People v Smith
2009 NY Slip Op 05472 [64 AD3d 1190]
July 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


The People of the State of New York, Respondent, v Octavio B. Smith, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered June 23, 2008. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree (three counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Martoche, J.P., Centra, Peradotto, Green and Gorski, JJ.