Legal Opinion

People v. Smith

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

Decided November 7, 2005PublishedCited by 17 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 13, 2002, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence as a second felony offender.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing in accordance herewith.

The defense counsel presented a “coherent, cogent defense” (People v Taylor, 1 NY3d 174, 176 [2003]; see People v Baldi, 54…

2Cases cited22 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. Sandstrom v. MontanaSupreme Court of the United States · 1979
  4. People v. SantiagoNew York Court of Appeals · 1981
  5. People v. OrtizNew York Court of Appeals · 1981

17 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. People v. RedmonAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. MartinAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. BresciaAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. ParhamAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. WaterfordAppellate Division of the Supreme Court of the State of New York · 2015

12 more not listed; retrieve them via the Exa API.

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