People v. Smith

People v Smith (2019 NY Slip Op 02657)

People v Smith

2019 NY Slip Op 02657

Decided on April 9, 2019

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 9, 2019
Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.

8938 611/17

[*1]The People of the State of New York, Respondent,

v

Marvin Smith, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Scott Henney of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (James Burke, J.), rendered August 23, 2017,

Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive,

It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 9, 2019

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.