PEOPLE v. SMITH


61 A.D.2d 91 (1978)

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

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

January 20, 1978


Attorney(s) appearing for the Case

Nathaniel A. Barrell (Henrietta Wolfgang and Rosalie M. Stoll of counsel), for appellant.

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for respondent.

SIMONS, HANCOCK, JR., and DENMAN, JJ., concur with MOULE, J. P.; CARDAMONE, J., dissents and votes to reverse judgment and grant a new trial, in an opinion.


MOULE, J. P.

Defendant appeals from a judgment of conviction entered upon a jury verdict which found her guilty of the crime of conspiracy in the first degree.

On September 12, 1975 James Butler, Margaret Alvey, Gladys Pounds and defendant were indicted for the crimes of conspiracy in the first degree and murder in the second degree in connection with the death of John Yuhas. On April 29, 1976 the court...

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