People v Smith
2017 NY Slip Op 03374 [149 AD3d 1585]
April 28, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 31, 2017


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

Williams Heinl Moody Buschman, P.C., Auburn (Mario J. Gutierrez of counsel), for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered March 17, 2015. The judgment convicted defendant, upon his plea of guilty, of menacing in the second degree (two counts).

It is hereby ordered that said appeal is unanimously dismissed (see People v Mackey, 79 AD3d 1680, 1681 [2010], lv denied 16 NY3d 860 [2011]). Present—Peradotto, J.P., Carni, Lindley, Troutman and Scudder, JJ.