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PEOPLE v. SMITH

248 A.D.2d 310 (1998)

670 N.Y.S.2d 485

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

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

March 31, 1998

Defendant was arrested and indicted for possession of crack cocaine on indictment No. 7116/95. He was released and scheduled for arraignment on August 18, 1995. Another Mark Smith (Mark Smith II), who was incarcerated, was arraigned on August 18 on indictment No. 5342/95. The clerk erroneously assumed that both indictments referred to Mark Smith II, who was present while the defendant herein was not. This error was compounded by the fact that the Legal Aid attorney appearing...

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