People v. Smith, 90 A.D.3d 561 (N.Y. App. Div. 2011). · Go Syfert
People v. Smith, 90 A.D.3d 561 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: People v. Coggins (nyappdiv, 2021-10-01)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Coggins
N.Y. App. Div. · 2021 · confidence medium
In any event, any error is harmless inasmuch as the evidence against defendant is overwhelming and there is no reasonable possibility that the error might have contributed to the conviction ( see People v Meyers , 182 AD3d 1037, 1040-1041 [4th Dept 2020], lv denied 35 NY3d 1028 [2020]; People v Gilchrist , 98 AD3d 1232 , 1233 [4th Dept 2012], lv denied 20 NY3d 932 [2012]; People v Smith , 90 AD3d 561, 561 [1st Dept 2011], lv denied 18 NY3d 998 [2012]; see generally People v Crimmins , 36 NY2d 230, 237 [1975]).
discussed Cited as authority (rule) People v. Vizcaino
N.Y. App. Div. · 2019 · confidence medium
Reopening of the suppression hearing based on the victim's trial testimony would have had no more than a remote chance of obtaining suppression of any evidence ( see People v Gray , 27 NY3d 78, 82 [2016]; People v Jamison , 96 AD3d 571 , 572 [1st Dept 2012], lv denied 19 NY3d 1026 [2012]), and the discrepancies in police testimony regarding the place and manner in which the victim's property was recovered had "minimal impeachment value" ( People v Smith , 90 AD3d 561, 561 [1st Dept 2011], lv denied 18 NY3d 998 [2012]; see also People v Andrade , 71 AD3d 601, 602-03 [1st Dept 2010], lv denied 1…
discussed Cited as authority (rule) People v. Flowers
N.Y. App. Div. · 2013 · confidence medium
Contrary to the defendant’s contention, under the circumstances presented, the Supreme Court providently exercised its discretion and did not deprive him of due process and the right to present a defense by denying his request to recall a certain witness for further cross-examination (see People v Smith, 90 AD3d 561, 561 [2011]; see also People v Macklin, 247 AD2d 408, 408 [1998]; People v Shapiro, 227 AD2d 506, 507 [1996]; People v Bunting, 134 AD2d 646, 648 [1987]; People v Mercado, 134 AD2d 292, 292 [1987]; cf. People v Rostick, 244 AD2d 768, 769 [1997]; People v Desire, 113 AD2d 952, 952…
discussed Cited as authority (rule) People v. Flowers
N.Y. App. Div. · 2013 · confidence medium
Contrary to the defendant’s contention, under the circumstances presented, the Supreme Court providently exercised its discretion and did not deprive him of due process and the right to present a defense by denying his request to recall a certain witness for further cross-examination (see People v Smith, 90 AD3d 561, 561 [2011]; see also People v Macklin, 247 AD2d 408, 408 [1998]; People v Shapiro, 227 AD2d 506, 507 [1996]; People v Bunting, 134 AD2d 646, 648 [1987]; People v Mercado, 134 AD2d 292, 292 [1987]; cf. People v Rostick, 244 AD2d 768, 769 [1997]; People v Desire, 113 AD2d 952, 952…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Frank Smith
Appellate Division of the Supreme Court of the State of New York.
Dec 20, 2011.
90 A.D.3d 561
Cited by 4 opinions  |  Published

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its resolution of alleged inconsistencies in testimony. The court properly exercised its discretion in declining to permit defendant to recall the victim for further cross-examination. Defendant sought to recall the victim to lay a foundation for an allegedly inconsistent statement that the victim made to defendant’s cousin shortly after the crime. Defense counsel could have elicited the alleged inconsistency on cross-examination, and bringing back the victim and then the cousin for additional testimony would have delayed the trial. The alleged inconsistency had very limited probative value, and it was cumulative to other impeachment material (see People v Crawford, 39 AD3d 426, 427 [2007], lv denied 9 NY3d 864 [2007]).

Accordingly, there was no violation of defendant’s right to confront witnesses and present a defense (see Crane v Kentucky, 476 US 683, 689-690 [1986]; Delaware v Van Arsdall, 475 US 673, 678-679 [1986]). In any event, any error in declining to permit defendant to recall the victim was harmless (see People v Crimmins, 36 NY2d 230 [1975]).

Defendant also claims his trial counsel rendered ineffective assistance by failing to lay a foundation for the alleged inconsistent statement. However, given the minimal impeachment value of the alleged inconsistency, defendant has not satisfied the prejudice prong of an ineffective assistance claim under either the state or federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; Strickland v Washington, 466 US 668, 694 [1984]). Concur — Saxe, J.E, Catterson, Moskowitz, Acosta and Renwick, JJ.