People v Smith
2016 NY Slip Op 00798 [136 AD3d 1291]
February 5, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 23, 2016


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

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Lowry of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered December 2, 2013. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the first degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Whalen, P.J., Centra, Peradotto, Carni and Scudder, JJ.