PEOPLE v. SMITH


297 A.D.2d 495 (2002)

746 N.Y.S.2d 723

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY SMITH, Also Known as GERALD SMITH, Appellant.

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

Decided September 5, 2002.


During jury selection, a prospective juror, who had testified to having a friendship with a police officer, expressed apprehension at defense counsel's stated objective "to prove * * * that the police lied." Counsel responded, "I don't have to prove anything to you," and indicated his intention to demonstrate that "the people have not proven their case beyond a reasonable doubt because of the credibility of the witnesses that they presented." When counsel suggested, "You...

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