PEOPLE v. SMITH

No. 29

16 N.Y.3d 786 (2011)

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

Court of Appeals of New York.

Decided February 24, 2011.


Attorney(s) appearing for the Case

Levitt & Kaizer, New York City ( Richard Ware Levitt and Yvonne Shivers of counsel), and The Murphy Firm, Baltimore, Maryland ( William H. Murphy, Jr. , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Vincent Rivellese and Hilary Hassler of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Judge JONES dissents and votes to reverse in an opinion in which Chief Judge LIPPMAN concurs.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of two counts of assault in the first degree, and one count each of attempted coercion in the first degree and criminal possession of a weapon in the second degree, in the shooting of a friend during a dispute.

On appeal, defendant challenges, under both state and federal law, the preclusion of an argument...

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