People v Smith, 2024 NY Slip Op 02444 [227 AD3d 1461]

May 3, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Eric M. Smith, Appellant.

Thomas L. Pelych, Hornell, for defendant-appellant.

Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of counsel), for respondent.

Appeal from a judgment of the Livingston County Court (Jennifer M. Noto, J.), rendered July 7, 2022. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree, grand larceny in the third degree, and criminal mischief in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Smith, J.P., Curran, Bannister, Greenwood and Keane, JJ..