Legal Opinion

People ex rel. Jenkins v. Smith

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

Decided July 12, 1977PublishedCited by 4 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Relator was convicted after trial of criminal possession of a controlled substance, third degree, and is imprisoned for a term of four years to life. In this habeas corpus proceeding he contends that his assigned attorney did not make a motion that he be allowed to testify before the Grand Jury which indicted him, despite relator’s expressed desire to so testify; that his attorney did not advise him of his "right” to a pre-indictment hearing; and that the court improperly declined his request for assignment of new counsel. At the time of the…

2Cases cited4 opinions

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. People ex rel. Lee v. SmithAppellate Division of the Supreme Court of the State of New York · 1977
  3. People ex rel. Finney v. FolletteAppellate Division of the Supreme Court of the State of New York · 1971
  4. People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by4 opinions

  1. People ex rel. Davis v. CoombeAppellate Division of the Supreme Court of the State of New York · 1983
  2. People ex rel. Burts v. HendersonAppellate Division of the Supreme Court of the State of New York · 1978
  3. People ex rel. Frisbie v. WehnerAppellate Division of the Supreme Court of the State of New York · 1979
  4. People ex rel. Witt v. HendersonAppellate Division of the Supreme Court of the State of New York · 1980

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