Legal Opinion
People v. Smith
Court for the Trial of Impeachments and Correction of Errors
Decided December 19, 2017No. 123PublishedCited by 6 opinions
1Opinion of the Court
Rivera, J.:
The People appeal an order by the Appellate Division that reversed a judgment **567*790by Supreme Court, vacated defendant's pleas, and dismissed the defendant's indictment without prejudice, allowing the People to re-present any appropriate charges to another grand jury ( People v. Smith, 143 A.D.3d 31, 37 N.Y.S.3d 4 [1st Dept 2016] ). Contrary to the People's claim, the Appellate Division correctly determined that the trial court denied defendant's right to counsel on the People's motion to compel defendant to ***629submit to a buccal swab.1 Nevertheless, the Appellate Division's…
2Cases cited4 opinions
- Bell v. ConeSupreme Court of the United States · 2002
- People v. SettlesNew York Court of Appeals · 1978
- The People v. Thomas JacksonNew York Court of Appeals · 2017
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
3Cited by6 opinions
- Matter of Smith v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
- People v. GoodwinAppellate Division of the Supreme Court of the State of New York · 2025
- People v. JosephAppellate Division of the Supreme Court of the State of New York · 2019
- People v. PressleyAppellate Division of the Supreme Court of the State of New York · 2018
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2019
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