SMITH, KELLY L., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [698] KA 13-00069 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ORDER KELLY L. SMITH, DEFENDANT-APPELLANT. DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered December 19, 2012. The judgment convicted defendant, upon her plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree. It is hereby ORDERED that said appeal is unanimously dismissed (see People v Griffin, 239 AD2d 936 ). Entered: June 13, 2014 Frances E. Cafarell Clerk of the Court