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People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1031 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Onondaga County Court, Burke, J.

Present — Pine, J.P., Balio, Lawton, Callahan and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The suppression court properly determined that the warrantless entry of the apartment occupied by defendant and his codefendant was justified by exigent circumstances (see, People v. Jackson, 203 A.D.2d 956). There is no merit to defendant's contention that evidence seized following that entry should have been suppressed.

Likewise without merit are defendant's contentions that the proof is legally insufficient to support the jury's verdict with respect to assault in the first degree and robbery in the first degree and that the verdict is contrary to the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495; People v Jackson, supra).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1031 (N.Y. App. Div. 1994)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNN SMITH, Appellant

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 1031 (N.Y. App. Div. 1994)
617 N.Y.S.2d 687