Legal Opinion
People v. Smart
New York Court of Appeals
Decided May 1, 2014PublishedCited by 51 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
We hold that the record supports the findings of the courts below that defendant procured a witness’s unavailability by *215wrongdoing and thereby forfeited his constitutional entitlement to the exclusion of the witness’s grand jury testimony at trial.
On the evening of October 3, 2008, defendant Floyd L. Smart, his associate Robert Verstreate and his girlfriend, whom we shall call Jane Doe, planned to burglarize a house in the Town of Greece. The three would-be burglars got into defendant’s car to drive in search of a target, and Doe fell asleep in the back…
2Cases cited19 opinions
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Davis v. WashingtonSupreme Court of the United States · 2006
- Maryland v. CraigSupreme Court of the United States · 1990
- Giles v. CaliforniaSupreme Court of the United States · 2008
- People v. GeraciNew York Court of Appeals · 1995
14 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- The People v. Darius DubarryNew York Court of Appeals · 2015
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2021
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2017
- The People v. Richard Garcia / The People v. Joshue DeJesusNew York Court of Appeals · 2015
- People v. LarkinsAppellate Division of the Supreme Court of the State of New York · 2017
46 more not listed; retrieve them via the Exa API.