From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 2000
270 A.D.2d 132 (N.Y. App. Div. 2000)

Opinion

March 21, 2000

Judgment, Supreme Court, New York County (Richard Andrias, J., on motions; Carol Berkman, J., at hearing, jury trial, and sentence), entered October 10, 1996, convicting defendant of murder in the second degree and criminal use of a firearm in the first degree, and sentencing him to concurrent terms of 25 years to life and 12+ to 25 years, unanimously affirmed.

Mathew Kleiner, for respondent.

Pro Se, for defendant-appellant.

NARDELLI, J.P., TOM, MAZZARELLI, BUCKLEY, JJ.


Summary denial of the Mapp/Dunaway branch of defendant's suppression motion was proper because of the insufficiency of defendant's factual allegations. The hearing record supports the court's finding that the identification evidence was lawful. Defendant was granted a Huntley hearing; however, defendant clearly opened the door to introduction to one of the statements suppressed after the hearing. The court properly struck defendant's testimony after he refused to answer questions on cross-examination. The challenged portions of the court's charge were not objectionable. The challenged portions of the People's summation constituted fair comment on the evidence and were responsive to defendant's summation.

Each of defendant's remaining claims, including his ineffective assistance claim, is either unreviewable as resting on matters dehors the record, or is unpreserved, or both, and we decline to review them in the interest of justice. Were we to review these claims, we find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 2000
270 A.D.2d 132 (N.Y. App. Div. 2000)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES J. SMITH…

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

Date published: Mar 21, 2000

Citations

270 A.D.2d 132 (N.Y. App. Div. 2000)
706 N.Y.S.2d 308

Citing Cases

People v. Gumbs

First, defendant elicited that although the police arrested him and the other two persons who were in his…

People v. Gumbs

First, defendant elicited that although the police arrested him and the other two persons who were in his…