Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2016No. 3172/13 201PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Sweeny, J.
The issue before us on this appeal is whether a defendant is eligible for judicial diversion when charged with both statutorily qualifying offenses as well as other offenses, including misdemeanors, which are not defined as qualifying or disqualifying offenses. We hold that a defendant so charged is not automatically disqualified from applying for judicial diversion.
Defendant was charged in a nine-count indictment with identity theft in the first degree (Penal Law § 190.80 [3]), forgery in the second degree (Penal Law § 170.10 [1]), four counts of grand larceny…
2Cases cited13 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- People v. FinneganNew York Court of Appeals · 1995
- People v. PaulinNew York Court of Appeals · 2011
- People v. SosaNew York Court of Appeals · 2012
- People v. WilliamsNew York Court of Appeals · 2012
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2020
- People v. AttawayNew York County Court, Cayuga County · 2016
- People v. ForemanAppellate Division of the Supreme Court of the State of New York · 2024
- People v. KirkAppellate Division of the Supreme Court of the State of New York · 2025
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2018