People v Smith
2014 NY Slip Op 04368 [118 AD3d 1356]
June 13, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 30, 2014


[*1]
 The People of the State of New York, Respondent, v Kelly L. Smith, Appellant.

David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered December 19, 2012. The judgment convicted defendant, upon her plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that said appeal is unanimously dismissed (see People v Griffin, 239 AD2d 936 [1997]). Present—Scudder, P.J., Smith, Carni, Lindley and Whalen, JJ.