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PEOPLE v. SMITH

No. 116.

30 N.Y.3d 1043 (2017)

89 N.E.3d 1255

67 N.Y.S.3d 575

2017 NY Slip Op 08165

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

Court of Appeals of New York.

Decided November 21, 2017.

Attorney(s) appearing for the Case

Hiscock Legal Aid Society, Syracuse ( Philip Rothschild of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell of counsel), for respondent.

New York Civil Liberties Union Foundation, New York City ( Kevin Jason , Mariko Hirose and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of assault in the first degree and criminal possession of a weapon in the fourth degree and sentenced. The Appellate Division unanimously affirmed the judgment (see People v Smith, 140 A.D.3d 1699 [4th Dept 2016]).

We agree with defendant...

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