PEOPLE v. SMITH

2017-05489. Ind. No. 10486/15.

174 A.D.3d 928 (2019)

106 N.Y.S.3d 323

2019 NY Slip Op 06004

The People of the State of New York, Respondent, v. Tinkita Smith, Appellant.

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

Decided July 31, 2019.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant cut the victim's face with a piece of glass during an altercation at a house party. The defendant was charged with assault in the first degree (two counts), attempted assault in the first degree, and assault in the second degree (two counts). At trial, the defendant asserted a justification defense. The jury acquitted the defendant on all counts, except one count of assault...

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