Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 2009PublishedCited by 7 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered June 9, 2006, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously reversed, on the law, and the matter remanded for a new trial.
Although it admirably devoted a great deal of time to considering this very close question, the court should have instructed the jury as to justification. That defense was supported by a reasonable view of the evidence, viewed in the light most favorable to defendant. We note that…
2Cases cited4 opinions
- People v. McDowellNew York Court of Appeals · 1971
- People of State of New York v. BurgosAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1989
- People v. IngrassiaAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- People v. IrvingAppellate Division of the Supreme Court of the State of New York · 2015
- People v. Sackey-ElAppellate Division of the Supreme Court of the State of New York · 2017
- People v. SwantonAppellate Division of the Supreme Court of the State of New York · 2023
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MolinaAppellate Division of the Supreme Court of the State of New York · 2012
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