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PEOPLE v. SMITH

211 A.D.2d 650 (1995)

621 N.Y.S.2d 99

The People of the State of New York, Respondent, v. Kevin Smith, Also Known as Darrel Jackson, Appellant

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

January 9, 1995

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the admission of testimony concerning his post-arrest threats to the arresting police officers does not constitute error as a matter of law (see, People v Brown, 83 N.Y.2d 791). Under the circumstances of this case, the trial court properly admitted the evidence complained of to show the defendant's intent in committing the underlying assaultive...

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