Legal Opinion · Dissent

People v. Smith

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

Decided January 20, 1978Published

1Dissent

Card amone, J. (dissenting).

I dissent from the majority and believe that defendant is entitled to a new trial because she was denied the effective assistance of counsel in violation of the Sixth Amendment guarantee and because prejudicial error was committed by the trial court in admitting into evidence a reference to a successful polygraph examination of the prosecution’s principal witness.

Mrs. Smith’s defense to the charge of conspiracy to commit murder is that she never agreed to become part of the effort to murder the victim, did not believe anyone intended to murder him and that her…

2Cases cited16 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. DrozNew York Court of Appeals · 1976
  3. People v. LeoneNew York Court of Appeals · 1969
  4. People v. BennettNew York Court of Appeals · 1972
  5. Gafford v. StateAlaska Supreme Court · 1968

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