PEOPLE v. SMITH


59 N.Y.2d 156 (1983)

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

Court of Appeals of the State of New York.

Decided June 7, 1983.


Attorney(s) appearing for the Case

Douglas P. Rutnik, Public Defender, for appellant.

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

Chief Judge COOKE and Judges JONES, WACHTLER and SIMONS concur with Judge JASEN; Judge MEYER dissents and votes to reverse in a separate opinion.


JASEN, J.

Defendant, convicted of two murders and sentenced to consecutive terms of 25 years to life for each murder, appeals. He asserts that on the jury trial he was deprived of the effective assistance of counsel and that a stipulation designed to keep secret a transcript revealing defendant's participation in other crimes was breached.

On November 24, 1976, at approximately 3:00 P.M., Robert Hedderman...

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