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People v Smith, 2024 NY Slip Op 00565 [224 AD3d 1308]

February 2, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Eziekiel M. Smith, Appellant. (Appeal No. 2.)

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.

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 burglary in the second degree.

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

Same memorandum as in People v Smith ([appeal No. 1] 224 AD3d 1307 [4th Dept 2024]). Present—Lindley, J.P., Curran, Bannister, Greenwood and DelConte, JJ..