PEOPLE v. SMITH


44 A.D.2d 789 (1974)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1974


The defendant was indicted on two drug counts, in addition to the gun charge. The jury returned a verdict of not guilty on the narcotics counts. In our opinion, defendant was deprived of a fair and impartial trial by the trial court. In his opening remarks to the jury, defense counsel indicated that the defense position was that the contraband had been taken from the bar of the bar and grill where the arrest occurred, and "planted" on the defendant. While some comment on...

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