Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided August 25, 2016No. 4590/07 16558PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Manzanet-Daniels, J.
We find defendant’s right-to-counsel claim to be meritorious. The court here pressured defendant into giving a buccal swab for DNA testing, incorrectly advised him that he had no arguments against the prosecutor’s untimely discovery, and ignored defendant’s explicit and repeated requests for a lawyer during *33the critical pretrial stage of the proceedings. Proceeding without counsel under the circumstances violated defendant’s Sixth Amendment rights.
On September 7, 2007, the Office of the Chief Medical Examiner reported that it had found biological…
2Cases cited5 opinions
- Hurrell-Harring v. StateNew York Court of Appeals · 2010
- People v. HilliardNew York Court of Appeals · 1989
- People v. GriffinNew York Court of Appeals · 2013
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. OquendoAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by7 opinions
- People v. SmithCourt for the Trial of Impeachments and Correction of Errors · 2017
- Matter of Smith v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
- People v. Dwight SmithNew York Court of Appeals · 2017
- People v. GoodwinAppellate Division of the Supreme Court of the State of New York · 2025
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2019
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