People v. Halter

Smith, J. (dissenting).

In several recent cases involving alleged sexual abuse of children, I expressed in dissenting opinions my view that the convictions should be upheld, in part because of strong evidence of the defendants’ guilt (see People v Rosario, 17 NY3d 501, 515 [2011, Smith, J., dissenting]; People v Fisher, 18 NY3d 964, 967 [2012, Smith, J., dissenting]; People v Kelley, 19 NY3d 887, 890 [2012, Smith, J., dissenting]). In this case, I have the opposite problem. I believe that the majority is erroneously affirming a conviction in a case where the defendant may be innocent. I join…