710 N.E.2d 1104 PEOPLE v. SMITH (CLARENCE) Court of Appeals of the State of New York. Decided February 26, 1999 Appeal from Erie County Ct, 12/10/98. APPLICATIONS IN CRIMINAL CASES FOR LEAVE TO APPEAL. Denied 2/26/99, (Kaye, Ch. J.). Tagged: 710 N.E.2d 1104