People v. Smith
Appellate Division of the Supreme Court of the State of New York
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
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- People v. SantiagoNew York Court of Appeals · 1981
- People v. OrtizNew York Court of Appeals · 1981
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3Cited by17 opinions
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- People v. WaterfordAppellate Division of the Supreme Court of the State of New York · 2015
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