PEOPLE v. SMITH


77 A.D.2d 636 (1980)

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

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

July 21, 1980


Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Appellant Joseph Smith and one Frankie Johnson were jointly indicted for the intentional murder and the felony murder of Robert Presburry, who was shot on a Brooklyn street at about 1:30 in the morning on March 29, 1975. Johnson, who had...

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