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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1982
89 A.D.2d 929 (N.Y. App. Div. 1982)

Opinion

August 30, 1982


Appeal by defendant from a judgment of the Supreme Court, Kings County (Barshay, J.), rendered March 9, 1976, convicting him of murder in the second degree (felony murder), upon a jury verdict, and imposing sentence. By order dated July 21, 1980, this court reversed the judgment, on the law, and dismissed the indictment ( People v. Smith, 77 A.D.2d 636). By order dated February 11, 1982, the Court of Appeals reversed this court's order and remitted the case here for further proceedings in accordance with its memorandum decision ( 55 N.Y.2d 945). Judgment affirmed. Upon the remittitur, we have considered the facts and the defendant's remaining contentions and conclude that his guilt was established beyond a reasonable doubt and that there were no errors at trial which require a new trial. We note in this regard that trial counsel was evidently of the same view, for few of the challenges raised on appeal were objected to at trial. Titone, J.P., Gibbons, Gulotta and Boyers, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1982
89 A.D.2d 929 (N.Y. App. Div. 1982)
Case details for

People v. Smith

Case Details

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

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

Date published: Aug 30, 1982

Citations

89 A.D.2d 929 (N.Y. App. Div. 1982)