Legal Opinion

People v. Smiley

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 1994PublishedCited by 7 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. ParkerNew York Court of Appeals · 1982
  3. People v. MinoreAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by7 opinions

  1. People v. LambAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. GreyAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. JuneAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. GordonAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. MastersonAppellate Division of the Supreme Court of the State of New York · 1998

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