Yogi Not the Smartest Bear After All

Modified: November 20, 2013 4:25pm

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10/17/2013

Erie County District Attorney Frank A. Sedita, III announced that 51 year-old Henry Lee Smith, Sr., A/K/A “Yogi,” pleaded guilty as charged to an indictment charging him with Burglary in the First Degree and two counts of Robbery in the First Degree, before State Supreme Court Justice Christopher J. Burns.  These are the highest charges for which the defendant could have been convicted had he gone to trial.

Smith admitted that on September 26, 2012 he and his nephew Quincy Smith, along with Steven McCool, invaded the home of a Bennett High School teacher.  They entered the home wearing ski masks and armed with loaded shotguns.  The apparent target of the home invasion was the boyfriend of the victim’s daughter, who was in possession of marijuana, Ketamine, and Molly, a synthetic form of LSD.  Steven McCool was caught by Buffalo Police fleeing the victim’s home.  Henry Lee Smith and his nephew, Quincy Smith, were apprehended by investigators from the District Attorney’s Office.

Co-defendant Quincy “Boo-Boo” Smith previously pleaded guilty as charged to Burglary in the First Degree and two counts of Robbery in the First Degree for his role in the home invasion and is currently serving a nine year sentence in state prison. Co-defendant Steven McCool previously pleaded guilty to Burglary in the Second Degree in connection with his participation and will be sentenced by Erie County Court Judge Kenneth F. Case on October 30, 2013 at 9:30 a.m. 

Defendant Henry Lee Smith faces a maximum state prison term of 25 years when he is sentenced on November 19, 2013 at 9:30 a.m. before Justice Burns. 

The cases were successfully prosecuted by Assistant District Attorney Michael P. Felicetta, a member of the Tactical Prosecution Unit of the District Attorney’s Office, and Assistant District Attorney Eugene Partridge, who is assigned to the Felony Trial Bureau.  DA Sedita credited the professional investigation by District Attorney Investigators John Cleary, William Donovan, Phillip Torre, and Mark Vaughn as well as Detectives Margaret Dragone and Carl Lundin of the Buffalo Police Department.