1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 143 A.D.3d
  5. 143 A.D.3d 31 (2016)
 

PEOPLE v. SMITH

4590/07, 16558.

143 A.D.3d 31 (2016)

37 N.Y.S.3d 4

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

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

Decided August 25, 2016.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Matthew Bova of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Marianne Stracquadanio , Stanley R. Kaplan and Ramandeep Singh of counsel), for respondent.

ACOSTA, J.P., and GESMER, J., concur with MANZANET-DANIELS, J.; KAPNICK, J., dissents in a separate opinion in which ANDRIAS, J., concurs.

OPINION OF THE COURT

We find defendant's right-to-counsel claim to be meritorious. The court here pressured defendant into giving a buccal swab for DNA testing, incorrectly advised him that he had no arguments against the prosecutor's untimely discovery, and ignored defendant's explicit and repeated requests for a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases