| People v Smith |
| 2021 NY Slip Op 04890 [197 AD3d 1022] |
| August 26, 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 Hugh Smith, Appellant. (Appeal No. 2.) |
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Ashley R. Lowry of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered November 1, 2019. The judgment convicted defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Smith ([appeal No. 1] 197 AD3d 1019 [4th Dept 2021]). Present—Whalen, P.J., Smith, Lindley, Troutman and Winslow, JJ.