Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1986PublishedCited by 7 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered June 1, 1983, convicting him of robbery in the first degree, criminal possession of a weapon in the second degree, and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.
Judgment reversed, on the law, and new trial ordered.
We agree with the defendant’s contention that the trial court’s charge improperly precluded the jury from considering the complainant’s testimony that she believed that her assailant was armed with a toy gun. Thus, the jury…
2Cases cited3 opinions
- People v. McLucasNew York Court of Appeals · 1965
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 1984
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AllanAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CelestinAppellate Division of the Supreme Court of the State of New York · 1989
- People v. StinsonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SwainAppellate Division of the Supreme Court of the State of New York · 1987
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