Legal Opinion

People v. Smith

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

Decided December 4, 1997Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered June 2, 1995, convicting defendant, after a jury trial, of burglary in the first degree, and sentencing him, as a second violent felony offender, to a term of 12V2 to 25 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence from which the jury could conclude that defendant injured the victim while in immediate flight from the particular burglary that he had just committed (see, People v Slaughter, 78 NY2d 485).

Defendant’s…

2Cases cited3 opinions

  1. People v. GallowayNew York Court of Appeals · 1981
  2. People v. SlaughterNew York Court of Appeals · 1991
  3. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1993

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