| People v Smith |
| 2014 NY Slip Op 08188 [122 AD3d 1421] |
| November 21, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Francis S. Smith, Also Known as Francis Smith, Appellant. (Appeal No. 2.) |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Alan Williams of counsel), for defendant-appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered May 2, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Smith ([appeal No. 1] 122 AD3d 1420 [Nov. 21, 2014]). Present—Scudder, P.J., Peradotto, Lindley, Sconiers and Valentino, JJ.