PEOPLE v. SMITH


54 A.D.3d 421 (2008)

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

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

August 19, 2008.


Ordered that the judgment is affirmed.

On February 1, 2006, the defendant came home early from work to find the victim hiding in the closet of the defendant's bedroom while the defendant's girlfriend was lying on their bed. The evidence adduced at trial established that the defendant took a handgun out of his night stand and pointed it at the victim, threatening to kill him if he did not exit the home. The victim left the home and, as he was driving away, the defendant...

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