PEOPLE v. SMITH

1105 KA 18-00561.

192 A.D.3d 1599 (2021)

140 N.Y.S.3d 851

2021 NY Slip Op 01666

The People of the State of New York, Respondent, v. Jordan T. Smith, Appellant.

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

Decided March 19, 2021.


Attorney(s) appearing for the Case

CARA A. WALDMAN , FAIRPORT, FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the resentence so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentences of imprisonment imposed on counts one and two of the indictment to consecutive determinate terms of 2½ years, and as modified the resentence is affirmed.

Memorandum: Defendant appeals from a resentence upon his conviction of three counts of criminal sale of a controlled substance in the third degree ...

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