PEOPLE v. SMITH


301 A.D.2d 471 (2003)

755 N.Y.S.2d 31

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON SMITH, Appellant.

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

Decided January 30, 2003.


Defendant, charged with committing a robbery in a subway, raised the affirmative defense of insanity. Although defendant's trial attorney retained a psychiatrist to offer expert testimony in support of the defense and announced his intention to offer psychiatric testimony in his opening statement at trial, the attorney ultimately did not call the psychiatrist to testify. Instead, the attorney offered defendant's own testimony and the records of his psychiatric treatment to...

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