PEOPLE v. SMITH


270 A.D.2d 719 (2000)

705 N.Y.S.2d 423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN E. SMITH, Also Known as DEVON STURGIS, Appellant.

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

Decided March 23, 2000.


Mercure, J. P.

Prior to jury selection in the trial of an indictment charging defendant with criminal possession of a weapon in the third degree, defendant was arraigned on a new indictment charging him with two counts of criminal possession of a controlled substance in the third degree and defense counsel was permitted to view a videotape of the drug transaction which gave rise to the second indictment. After conferring with defense counsel, and based upon the assurance...

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