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PEOPLE v. SMITH

1003 KA 19-02175.

2024 NY Slip Op 00564

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EZIEKIEL SMITH, Defendant-Appellant. (Appeal No. 1.)

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

Decided February 2, 2024.

Attorney(s) appearing for the Case

JULIE CIANCA , PUBLIC DEFENDER, ROCHESTER ( JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MARTIN P. McCARTHY, II , OF COUNSEL), FOR RESPONDENT.

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND DELCONTE, JJ.

Appeal from a judgment of the Monroe County Court (Stephen T. Miller, A.J.), rendered September 17, 2019. The judgment convicted defendant, upon a plea of guilty, of assault in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:

Defendant appeals, in appeal No. 1, from a judgment convicting him, upon a plea of guilty, of assault in the second degree (Penal Law § 120.05[3]) and, in appeal...

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