People v. Smith

—Judgment, Supreme Court, Bronx County (Joseph Mazur, J., at hearing; Joseph Cerbone, J., at trial and sentence), rendered May 31, 1990, convicting defendant, after a jury trial, of attempted robbery in the third degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to two consecutive terms of 2 to 4 years’ imprisonment, unanimously affirmed.

In light of, inter alia, defendant’s affirmative responses and nods in response to the officer’s recital of the Miranda warnings, his seemingly unerratic behavior, and his subsequent cognitive decision to lie…