People v. Smith

—Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered March 19, 1999, convicting defendant after a jury trial of, inter alia, murder in the second degree, and said judgment having been reversed by an order of this Court entered May 2, 2001 in a memorandum decision (283 AD2d 908), and the People of the State of New York on June 4, 2001 having been granted leave to appeal to the Court of Appeals from said order (96 NY2d 870), and the Court of Appeals on February 13, 2002 having reversed said order and remitted the case to this Court for consideration of the facts and…