Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1986PublishedCited by 7 opinions
1Opinion of the Court
After dismissal of the first four counts of the underlying indictment due to the unavailability of the complaining witness, the defendant was tried and convicted of the remaining count, criminal possession of a weapon in the third degree. Prior to the trial, the defense counsel rejected the court’s offer to conduct a hearing, at which the complaining witness’s Grand Jury testimony would be introduced into evidence, on the issue of whether there was probable cause for the arrest. Having thus waived the issue of probable cause, the defendant should not be heard to raise it on appeal. A contrary…
2Cases cited3 opinions
- People v. BenjaminNew York Court of Appeals · 1980
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1981
- People v. MarinAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RussoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MonsonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BishopAppellate Division of the Supreme Court of the State of New York · 1989
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