
    The People of the State of New York, Respondent, v Jerry Smith, Appellant.
    [918 NYS2d 48]
   — An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Maxwell Wiley, J.), rendered on or about February 11, 2009, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur — Tom, J.P., Saxe, DeGrasse, Freedman and Román, JJ.  