PEOPLE v. SMILEY


121 A.D.2d 274 (1986)

The People of the State of New York, Respondent, v. James Smiley, Appellant

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

June 17, 1986


At approximately noon on July 12, 1982, defendant James Smiley savagely attacked Juan Diaz in his apartment. After defendant took certain items of jewelry from Diaz, defendant's accomplice bound Diaz, and defendant slashed Diaz' neck twice with a knife. The perpetrators then foraged around the apartment for loot. The defendant returned to check Diaz' pulse, and stabbed him several times in the back of the neck. After a final search of the apartment, the accomplice, an acquaintance...

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