People v. Smith, 144 A.D.2d 709 (N.Y. App. Div. 1988). · Go Syfert
People v. Smith, 144 A.D.2d 709 (N.Y. App. Div. 1988). Cases Citing This Book View Copy Cite
7 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Paul (nyappdiv, 2016-03-23)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Paul
N.Y. App. Div. · 2016 · confidence medium
The circumstances surrounding the commission of the crime are not indicative of a loss of self-control or similar mental infirmity (see People v Roche, 98 NY2d at 75-76 ; People v George, 7 AD3d 810 [2004]), and, in any event, the defendant failed to show a reasonable explanation or excuse for the allegedly extreme emotional disturbance (see People v Casassa, 49 NY2d 668 [1980]; People v Torres, 144 AD2d 709, 710 [1988]).
cited Cited as authority (rule) People v. Bruno
N.Y. App. Div. · 2015 · confidence medium
Moreover, we find that such hyperbole did not constitute error given the nonjury nature of this trial (see People v Moreno, 70 NY2d 403, 406 [1987]; People v Smith, 144 AD2d 709, 709 [1988]).
discussed Cited "see" Shiwlochan v. Portuondo
E.D.N.Y · 2004 · signal: see · confidence high
See People v. Torres, 144 A.D.2d 709 , 534 N.Y.S.2d 703 (2d Dep’t 1988) (jury could have reasonably determined that landlord threatening to evict defendant and her small children was not reasonable explanation or excuse).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James Smith
Appellate Division of the Supreme Court of the State of New York.
Nov 28, 1988.
144 A.D.2d 709
1988 N.Y. App. Div. LEXIS 12421
Cited by 1 opinion  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered September 21, 1987, convicting him of menacing and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues that he was denied his due process right to a fair trial when the District Attorney inquired on cross-examination as to the underlying facts of his prior convictions for manslaughter and arson.

We disagree with defendant’s argument. The extent to which such cross-examination is allowed is a matter within the broad discretion of the trial court (People v Pavao, 59 NY2d 282, 292). Moreover, the trial court did not improvidently exercise its discretion in the instant case, since both the manslaughter and arson convictions demonstrated the defendant’s willingness to place his self-interest above that of society (People v Pavao, supra; People v Hatch, 94 AD2d 970). In any event, the defendant did not suffer any prejudice in this nonjury trial. As the Court of Appeals stated in People v Moreno (70 NY2d 403, 406, quoting from People v Brown, 24 NY2d 168, 172): "Unlike a lay jury, a Judge 'by reasons of * * * learning, experience and judicial discipline, is uniquely capable of distinguishing the issues and of making an objective determination’ based upon appropriate legal criteria, despite awareness of facts which cannot properly be relied upon in making the decision”. Mollen, P. J., Brown, Kooper and Eiber, JJ., concur.