People v. Smith

Hinds-Radix, J.,

dissents, and votes to reverse the judgment appealed from, on the law and as a matter of discretion in the interest of justice, and to order a new trial, with the following memorandum: The defendant was convicted of attempted murder in the second degree and assault in the third degree relating to two altercations with the complainant. The complainant and the defendant came into contact with each other because the complainant’s former girlfriend and his daughter lived in the same apartment building as the defendant and the defendant’s family.

On July 27, 2010, after an argument…