PEOPLE v. SMITH

2009-2435 K CR.

39 Misc.3d 20 (2013)

963 N.Y.S.2d 813

2013 NY Slip Op 23086

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

Supreme Court, Appellate Term, Second Department.

March 15, 2013.


Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Steven Banks , Michael McLaughlin and Andrew C. Fine of counsel), for appellant. Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove , Ann Bordley and Michael Brenner of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the Criminal Court for a new trial.

According to the accusatory instrument, on November 18, 2008, a domestic incident occurred between defendant, Terrance Smith, and his wife, the complainant, Evelyn Smith, wherein defendant allegedly punched the complainant in the head repeatedly. After a nonjury trial, defendant was convicted...

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