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PEOPLE v. SMITH

2017-11053. Ind. No. 439/15.

214 A.D.3d 679 (2023)

184 N.Y.S.3d 175

2023 NY Slip Op 01106

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

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

Decided March 1, 2023.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Kathleen Whooley of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and William H. Branigan of counsel), for respondent.

Connolly, J.P., Chambers, Wooten and Warhit, JJ., concur.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gregory Lasak, J.), rendered September 14, 2017, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The Supreme Court erred in allowing the People to elicit testimony from a witness that the defendant committed...

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