People v Smith
2011 NY Slip Op 04944 [85 AD3d 1636]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


The People of the State of New York, Respondent, v Joe N. Smith, Appellant.

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

Frank A. Sedita, III, District Attorney, Buffalo (Matthew Powers of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered August 6, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Smith, Carni, Sconiers and Green, JJ.