PEOPLE v. SMITH

Ind. No. 4590/07. Appeal No. 546. Case No. 2019-5129.

217 A.D.3d 607 (2023)

190 N.Y.S.3d 72

2023 NY Slip Op 03438

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

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

Decided June 27, 2023.


Attorney(s) appearing for the Case

Jenay Nurse Guilford , Center for Appellate Litigation, New York ( Matthew Bova of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Elliott Robert Hamilton of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Scarpulla, Pitt-Burke, JJ.


Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered March 27, 2019, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 15 years, unanimously affirmed.

At a calendar appearance at which defendant's attorney was unavailable, the court unequivocally informed defendant that it would not accept any plea offer that entailed a prison sentence of less than 15 years. Thirteen days later...

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