Legal Opinion
People v. Smart
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1991PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed, and new trial granted on count one of the indictment, in accordance with the following Memorandum: On appeal from his conviction of second degree burglary and petit larceny, defendant contends that the court erred in admitting the prior testimony of a prosecution witness under the past recollection recorded exception to the hearsay rule, and that the court’s charge on burglary violated the rule of People v Gaines (74 NY2d 358). The prior testimony was improperly admitted under the past recollection recorded exception to the…
2Cases cited6 opinions
- People v. GainesNew York Court of Appeals · 1989
- People v. RajaAppellate Division of the Supreme Court of the State of New York · 1980
- People v. CaprioAppellate Division of the Supreme Court of the State of New York · 1966
- People v. CaprioNew York Court of Appeals · 1966
- People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by4 opinions
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SmartAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SmartAppellate Division of the Supreme Court of the State of New York · 2012
- SMART, FLOYD L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012