857 N.E.2d 1146, 824 N.Y.S.2d 615 People v. Smith (Kevin). Court of Appeals of the State of New York. October 17, 2006. Appeal from the 2d Dept: 31 AD3d 792 (Kings). Kaye, Ch.J. Applications in Criminal Cases for Leave to Appeal denied. Tagged: 824 N.Y.S.2d 615857 N.E.2d 1146