| People v Smith |
| 2021 NY Slip Op 00665 [191 AD3d 1244] |
| February 5, 2021 |
| 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 Robert Smith, Appellant. (Appeal No. 2.) |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered December 8, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Smith ([appeal No. 1] 191 AD3d 1243 [4th Dept 2021]). Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.