Legal Opinion
People v. Smart
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2003PublishedCited by 3 opinions
1Opinion of the Court
—Appeal from a judgment of Monroe County Court (Bellini, J.), entered October 19, 2001, convicting defendant after a nonjury trial of, inter alia, burglary in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him of burglary in the second degree (Penal Law § 140.25 [2]) and petit larceny (§ 155.25), defendant contends that County Court erred in determining that the victim had an independent basis for his in-court identification of defendant. We disagree (see generally People…
2Cases cited6 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- Neil v. BiggersSupreme Court of the United States · 1972
- People v. AdamsNew York Court of Appeals · 1981
- People v. BrennanAppellate Division of the Supreme Court of the State of New York · 1999
- People v. BrinsonAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2011
- Massillon v. ConwayDistrict Court, S.D. New York · 2008
- LOPEZ, ORLANDO, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011