Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered August 22, 1994, convicting him of criminal , possession of a weapon in the third degree, reckless endangerment in the second degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

While the absence of a stenographic record does not, per se, require reversal, a defendant’s conviction will be reversed if he can show that he has been prejudiced by its absence (see, People v Harrison, 85…

2Cases cited5 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. WalkerNew York Court of Appeals · 1994
  3. People v. GlassNew York Court of Appeals · 1977
  4. People v. HarrisonNew York Court of Appeals · 1995
  5. People v. FearonNew York Court of Appeals · 1963

3Cited by5 opinions

  1. People v. HussariAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. BuggswardAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. KingsAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BuggswardAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. KingsAppellate Division of the Supreme Court of the State of New York · 2012

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