The People v. Charles Smith

This opinion is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 23 The People &c., Respondent, v. Charles Smith, Appellant. Craig A. Stewart, for appellant. William H. Branigan, for respondent. FAHEY, J.: Here we face the question of whether the facts of this case fit within our analysis in People v Lopez (

73 NY2d 214

[1989]). We conclude they do. In Lopez, there was testimony that a defendant placed one of his hands under his clothing and conveyed to the witness that he had a gun. We held…