PEOPLE v. SMITH

530 KA 18-02053.

217 A.D.3d 1580 (2023)

193 N.Y.S.3d 474

2023 NY Slip Op 03647

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

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

Decided June 30, 2023.


Attorney(s) appearing for the Case

MARK D. FUNK , CONFLICT DEFENDER, ROCHESTER ( CAROLYN R. WALTHER OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.


Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered July 19, 2018. The judgment convicted defendant upon a jury verdict of burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of burglary in the third degree (Penal Law § 140.20). We agree with defendant...

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