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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1995
211 A.D.2d 650 (N.Y. App. Div. 1995)

Opinion

January 9, 1995

Appeal from the Supreme Court, Kings County (Koch, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the admission of testimony concerning his post-arrest threats to the arresting police officers does not constitute error as a matter of law (see, People v. Brown, 83 N.Y.2d 791). Under the circumstances of this case, the trial court properly admitted the evidence complained of to show the defendant's intent in committing the underlying assaultive acts, as well as his consciousness of guilt (see, People v. Leitzsey, 173 A.D.2d 488; People v. Liberatore, 167 A.D.2d 425; People v. Whaley, 144 A.D.2d 510; People v. Jones, 124 A.D.2d 749; People v. Barksdale, 100 A.D.2d 852).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Thompson, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1995
211 A.D.2d 650 (N.Y. App. Div. 1995)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SMITH, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 9, 1995

Citations

211 A.D.2d 650 (N.Y. App. Div. 1995)
621 N.Y.S.2d 99