Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2000PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously affirmed. Memorandum: Defendant moved pursuant to CPL 440.10 to set aside a judgment convicting him of various drug-related offenses. Defendant contends that the conviction is supported by evidence illegally obtained through the use of a pen register device capable of monitoring the content of telephone conversations, and that the order authorizing the installation of the pen register was not based upon probable cause (see, People v Bialostok, 80 NY2d 738, 744-745). Defendant further contends that he was denied effective assistance of counsel because defense counsel failed…
2Cases cited5 opinions
- People v. ScoccoNew York Court of Appeals · 1993
- People v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MartelloNew York Court of Appeals · 1999
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- People v. OrrAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- People v. MobleyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JossiahAppellate Division of the Supreme Court of the State of New York · 2003
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MejiaAppellate Division of the Supreme Court of the State of New York · 2021