PEOPLE v. SMITH

643 KA 18-02052.

197 A.D.3d 1012 (2021)

150 N.Y.S.3d 666

2021 NY Slip Op 04883

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

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10[1]), defendant, a predicate felon with a prior manslaughter...

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