PEOPLE v. SMITH


187 A.D.2d 365 (1992)

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

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

November 19, 1992


Defendant Sarah Smith was found guilty of second degree murder for the shooting of her husband, Owen Smith, on May 23, 1989. Defendant presented a defense of "battered wife syndrome". The People's case consisted of defendant's confession and physical and expert evidence corroborating that confession.

Thereafter, the defendant moved pursuant to CPL 330.30 to set aside the verdict based, inter alia, on juror misconduct. An affidavit by one of the jurors, Estella...

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