PEOPLE v. SMITH


88 A.D.2d 173 (1982)

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

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

July 29, 1982


Attorney(s) appearing for the Case

Douglas P. Rutnik (Frank V. Bifera of counsel), for appellant.

Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.

KANE, J. P., MAIN and CASEY, JJ., concur with YESAWICH, JR., J.; MIKOLL, J., dissents and votes to reverse in a separate opinion.


YESAWICH, JR., J.

On November 24, 1976, the dead bodies of Robert Hedderman and Margaret Byron were discovered at the Hedderman Religious Shop in Albany. Both victims had been stabbed several times in the chest and their throats slit. An intensive investigation ensued. Several days later defendant Smith was questioned, but released. However, by the fall of 1977, evidence implicating Smith began to surface.

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