THE PEOPLE V BRIAN SMITH
Motion No: KA 20-00478 and KA 21-01002
Slip Opinion No: 2024 NY Slip Op 72751(U)
Decided on August 14, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 14, 2024

PRESENT: WHALEN, P.J., BANNISTER, NOWAK, AND HANNAH, JJ.

KA 20-00478 and KA 21-01002
Indictment No.: 00982X-2019 / SCI No.: 44602
Indictment No.: 00982X-2019 / SCI No.: 44602

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRIAN SMITH, DEFENDANT-APPELLANT.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRIAN SMITH, DEFENDANT-APPELLANT.


Appellant having moved to adjourn oral argument (denominated as a motion for calendar preference) on the appeals taken herein from judgments of the Supreme Court, Erie County, rendered August 19, 2019, and May 24, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals are removed from the term of Court commencing Monday, December 2, 2024, and

It is further ORDERED that the appeals shall be added to the calendar for the term of Court commencing Tuesday, February 18, 2025.

Entered: August 14, 2024

Ann Dillon Flynn

Clerk of the Court