PEOPLE v. SMITH

2019-03761. Ind. No. 646/18.

193 A.D.3d 770 (2021)

141 N.Y.S.3d 869

2021 NY Slip Op 02182

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

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Del Atwell , East Hampton, NY, for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Lauren Tan , Marion Tang , and Glenn Green of counsel), for respondent.

Dillon, J.P., Austin, Duffy and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

On March 22, 2017, the defendant and three others, armed with three guns and a crowbar, entered a private home and attempted to rob the occupants. Following a jury trial, the defendant was convicted of burglary in the first degree (nine counts), burglary in the second degree, and conspiracy in the fourth degree.

The defendant waived his contention that he was denied the right...

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