Opinion Excerpt

People v Smith 2026 NY Slip Op 05709 October 2, 2026 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v KENNETH H. SMITH, DEFENDANT-APPELLANT. Decided on October 2, 2026 KA 23-01271. Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ. (Filed Oct. 2, 2026.) [*1] MEMORANDUM