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PEOPLE v. SMITH

63 N.Y.2d 41 (1984)

The People of the State of New York, Respondent, v. Lemuel Smith, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1984.

Attorney(s) appearing for the Case

William M. Kunstler, Mark B. Gombiner, C. Vernon Mason, Robert H. Gombiner, Peter J. Avenia and Ronald L. Kuby for appellant.

William E. Stanton, Special District Attorney (B. Anthony Morosco and Richard Schisler of counsel), for respondent.

Robert Abrams, Attorney-General (Michael S. Buskus, Peter H. Schiff and Peter J. Dooley of counsel), in his statutory capacity under section 71 of the Executive Law.

Mitchell A. Karlan, Anthony G. Amsterdam and John H. Hall for the NAACP Legal Defense and Educational Fund, Inc., and others, amici curiae.

Jonathan E. Gradess, Edward H. Wassermann, Donald B. Smith, Martin I. Rosenbaum and Charles F. O'Brien for New York State Defenders Association, amicus curiae.

Judges JONES, WACHTLER and MEYER concur with Judge KAYE; Judge SIMONS dissents in part and votes to affirm in a separate opinion in which Judge JASEN concurs; and Chief Judge COOKE dissents in part and votes to affirm in another dissenting opinion.

KAYE, J.

After a jury trial, defendant was convicted of murder in the first degree and sentenced to death. This direct appeal as of right by defendant (NY Const, art VI, § 3, subd b; CPL 450.70, subd 1), the lone resident of New York's death row, presents three questions: (1) whether the evidence was sufficient to prove his guilt beyond a reasonable doubt; (2) whether alleged trial errors deprived him of...

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