Legal Opinion

People v. Smith

New York Supreme Court

Decided February 14, 1997PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Dominic R. Massaro, J.

Edward Smith is a violent predicate felon. On June 6, 1996, he entered a plea of guilty to the crime of assault in the second degree pursuant to Penal Law § 120.05 (7), a subdivision which is applicable to assaults committed inside a prison facility.1 He had been charged with three counts of this crime for viciously assaulting three correction officers with a sharpened toothbrush while being housed at the Rikers Island Correction Facility. At the time, he was incarcerated there under an earlier New York County indictment (indictment No. 1944/94) to…

2Cases cited11 opinions

  1. Pollard v. United StatesSupreme Court of the United States · 1957
  2. People v. DrakeNew York Court of Appeals · 1984
  3. People ex rel. Harty v. FayNew York Court of Appeals · 1961
  4. Weinstein v. HaftNew York Court of Appeals · 1983
  5. Root v. KapelmanAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by2 opinions

  1. People v. HortonAppellate Division of the Supreme Court of the State of New York · 2022
  2. People v. HortonAppellate Division of the Supreme Court of the State of New York · 2022

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