PEOPLE v. SMITH


87 A.D.2d 640 (1982)

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

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

March 22, 1982


Judgment affirmed.

The defendant was accused of murdering Robert Johnson in a hallway of the building in which they both resided. The prosecution's evidence showed that on the night of February 1, 1979, Johnson asked a neighbor, Louis Febre, to accompany him upstairs to talk with the defendant who, according to Johnson, had been loitering at his doorway, tampering with the lock. Johnson tucked a knife under his right sleeve "[j]ust in case anything happened", and...

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