People v. Smith , 2020 NY Slip Op 05696 ( 2020 )

People v Smith (2020 NY Slip Op 05696)

People v Smith

2020 NY Slip Op 05696

Decided on October 13, 2020

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 and Entered: October 13, 2020
Before: Webber, J.P., Mazzarelli, Oing, Shulman, JJ.

Ind No. 2032/13 Appeal No. 12034 Case No. 2019-4488

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

v

Derek Smith, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Alma D. Gonzalez of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Nancy D. Killian of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (John W. Carter, J.), rendered May 30, 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: October 13, 2020

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate Division,

First Department.