People v. Smiley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered June 17, 1992, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.
A jury found the defendant guilty of burglary in the third degree for breaking into a Bay Shore delicatessen in the early morning hours of October 26, 1990, and stealing approximately $300 and some cartons of cigarettes. Although there…
2Cases cited3 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. ParkerNew York Court of Appeals · 1982
- People v. MinoreAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by7 opinions
- People v. LambAppellate Division of the Supreme Court of the State of New York · 1997
- People v. GreyAppellate Division of the Supreme Court of the State of New York · 1999
- People v. JuneAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GordonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. MastersonAppellate Division of the Supreme Court of the State of New York · 1998
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