Legal Opinion

People v. Smith

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

Decided May 5, 2017No. 540 KA 14-00968PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered November 22, 2013. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). Defendant’s conviction stemmed from the shooting of a 19-year-old victim at point-blank range with a shotgun. Contrary to defendant’s contention, viewing the elements of the crime in light of…

2Cases cited13 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. SaezNew York Court of Appeals · 1987
  4. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. BurginNew York Court of Appeals · 1976

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3Cited by9 opinions

  1. People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2022
  2. People v. RedmondAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. Sevilla-RosalesAppellate Division of the Supreme Court of the State of New York · 2022
  5. People v. Sevilla-RosalesAppellate Division of the Supreme Court of the State of New York · 2022

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