754 N.Y.S.2d 217, 784 N.E.2d 90 PEOPLE v. KEVIN SMITH Court of Appeals of the State of New York. Decided December 30, 2002. Appeal from App. Div., 2d Dept., Kings County, 10/7/02. Graffeo, J. Applications in criminal cases for leave to appeal denied. Tagged: 754 N.Y.S.2d 217784 N.E.2d 90