People v Smith (2025 NY Slip Op 02463)
People v Smith
2025 NY Slip Op 02463 [237 AD3d 1531]
April 25, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 4, 2025


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

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Axelle Lecomte Mathewson of counsel), for defendant-appellant.

Michael J. Keane, District Attorney, Buffalo (Harmony A. Healy of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered August 19, 2019. The judgment convicted defendant upon a guilty plea of attempted rape in the third degree.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in People v Smith ([appeal No. 2] 237 AD3d 1531 [4th Dept 2025]). Present—Lindley, J.P., Curran, Greenwood and Hannah, JJ.