PEOPLE v. SMITH


63 A.D.3d 1301 (2009)

880 N.Y.S.2d 760

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE SMITH, Also Known as SEVEN, Appellant.

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

Decided June 11, 2009.


Kane, J.

Following the shooting death of a man who owed defendant money from drug deals, a grand jury handed up a 21-count indictment against defendant. A trial jury found him guilty of 14 counts. Defendant appeals.

The convictions were supported by legally sufficient evidence and not against the weight of the evidence. As for sufficiency, defendant only made a particularized motion to dismiss the counts charging criminal sale of a controlled substance in...

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