People v Smith
2016 NY Slip Op 07471 [144 AD3d 1548]
November 10, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2017


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 The People of the State of New York, Respondent, v Brian L. Smith, Also Known as Brian Lee Smith, Appellant. (Appeal No. 2.)

Michael Steinberg, Rochester, for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Genesee County (Eric R. Adams, A.J.), rendered June 25, 2014. The judgment convicted defendant, upon his plea of guilty, of aggravated family offense.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Smith ([appeal No. 1] 144 AD3d 1547 [2016]). Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.