People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered February 24, 1997, convicting defendant after a jury trial of assault in the first degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Following a jury trial, defendant was convicted of assault in the first degree (Penal Law § 120.10 [1]) for slitting the victim’s throat with a knife. The sole issue at trial was the identification of defendant as the perpetrator of the crime. Contrary to defendant’s contention, the verdict is not against the weight…
2Cases cited21 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- People v. WhalenNew York Court of Appeals · 1983
- People v. MartinezNew York Court of Appeals · 1988
- People v. StarlingNew York Court of Appeals · 1995
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3Cited by9 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. DarkAppellate Division of the Supreme Court of the State of New York · 2013
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 2005
- Smith v. WestDistrict Court, W.D. New York · 2009
- DARK, DAVAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
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