Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 1985PublishedCited by 27 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the County Court, Westchester County (Brown, J.), rendered August 4, 1981, convicting him of rape in the first degree (three counts) and sodomy in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

On this appeal the defendant contends, inter alia, that, pursuant to CPL 60.42, the trial court improperly limited *906defense counsel’s inquiry into the complainant’s alleged prior heterosexual conduct, and that this error was exacerbated by the denial of counsel’s request for a sidebar conference to make an offer of proof. The…

2Cases cited12 opinions

  1. People v. SandovalNew York Court of Appeals · 1974
  2. People v. IannoneNew York Court of Appeals · 1978
  3. People v. CantyNew York Court of Appeals · 1983
  4. People v. RussellNew York Court of Appeals · 1934
  5. People v. ChestnutNew York Court of Appeals · 1970

7 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. People v. SenisiAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. MoreyAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. BiggsAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2014

22 more not listed; retrieve them via the Exa API.

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