PEOPLE v. SMITH

KA 09-02653.

95 A.D.3d 21 (2012)

940 N.Y.S.2d 889

2012 NY Slip Op 1896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RYAN S. SMITH, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 16, 2012.


Attorney(s) appearing for the Case

Mark D. Funk , Rochester, for defendant-appellant.

Ryan S. Smith , defendant-appellant pro se.

Michael J. Violante , District Attorney, Lockport ( Laura T. Bittner of counsel), for respondent.

CENTRA, LINDLEY and MARTOCHE, JJ., concur with PERADOTTO, J.; SCUDDER, P.J., dissents in a separate opinion.


OPINION OF THE COURT

PERADOTTO, J.

On appeal from a judgment convicting him upon a jury verdict of, inter alia, five counts of burglary in the first degree (Penal Law § 140.30 [2]-[4]) and seven counts of robbery in the first degree (id. § 160.15 [1], [3], [4]), defendant contends in his main and pro se supplemental briefs that County Court erred in denying his motion to suppress DNA evidence because he lacked notice of the application seeking...

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