People v Smith
2020 NY Slip Op 05644 [187 AD3d 1656]
October 9, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020


[*1]
 The People of the State of New York, Respondent,
v
Isaiah Smith, Appellant. (Appeal No. 2.)

Danielle Neroni Reilly, Albany, for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Lisa Gray of counsel), for respondent.

Appeal from a resentence of the Monroe County Court (Melchor E. Castro, A.J.), rendered July 28, 2017. Defendant was resentenced upon his conviction of attempted robbery in the second degree.

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

Same memorandum as in People v Smith ([appeal No. 1] 187 AD3d 1652 [4th Dept 2020]). Present—Peradotto, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.