Legal Opinion

People v. Smith

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

Decided March 5, 1998PublishedCited by 6 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered December 22, 1995, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

Defendant’s claim that the prosecution offered perjured testimony from its complaining witness is unpreserved for appellate review (see, People v Padro, 75 NY2d 820) and we decline to review it in the interest of justice. Were we to consider this claim, we would find it to be without merit because there was no objectively…

2Cases cited5 opinions

  1. People v. PadroNew York Court of Appeals · 1990
  2. People v. KitchenAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. FisherAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. StricklinAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. KenyattaAppellate Division of the Supreme Court of the State of New York · 2025
  5. People v. StevensAppellate Division of the Supreme Court of the State of New York · 2004

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