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PEOPLE v. SMITH

No. 95 SSM 24.

35 N.Y.3d 1117 (2020)

2020 NY Slip Op 06839

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

Court of Appeals of New York.

Decided November 19, 2020.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Kyle R. Silverstein of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to Supreme Court, Bronx County, for a hearing on defendant's CPL 330.30 motion. The motion court abused its discretion in denying defendant's CPL 330.30 (2) motion without first conducting a hearing (see CPL 330.40 [2] [d]-[f]; People v Maragh...

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