PEOPLE v. SMITH

No. 23.

29 N.Y.3d 91 (2017)

75 N.E.3d 84

52 N.Y.S.3d 692

2017 NY Slip Op 02362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES SMITH, Appellant.

Court of Appeals of New York.

Decided March 28, 2017.


Attorney(s) appearing for the Case

Arnold & Porter LLP, New York City ( Craig A. Stewart , Alexandra L. Mitter and Joshua D. Weiss of counsel), and Lynn W.L. Fahey , Appellate Advocates, New York City ( Paul Skip Laisure of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( William H. Branigan , John M. Castellano and Joseph N. Ferdenzi of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN and GARCIA concur; Judge ABDUS-SALAAM concurs in result in a separate concurring opinion; Judge WILSON dissents in an opinion.


OPINION OF THE COURT

Here we face the question of whether the facts of this case fit within our analysis in People v Lopez (73 N.Y.2d 214 [1989]). We conclude they do. In Lopez, there was testimony that a defendant placed one of...

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