People v. Smith, 129 A.D.3d 1549 (N.Y. App. Div. 2015). · Go Syfert
People v. Smith, 129 A.D.3d 1549 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Chavis
N.Y. App. Div. · 2023 · confidence medium
The court properly concluded that the probative value of the evidence outweighed its prejudicial effect ( see Parilla , 214 AD3d at 1401-1402; Smith , 129 AD3d at 1549).
discussed Cited as authority (rule) People v. Cheeseboro
N.Y. App. Div. · 2018 · confidence medium
Defendant's further contention that the court's determination to preclude that impeachment evidence combined with the prosecutor's comments during summation denied him a fair trial is unpreserved for our review ( see People v Carrasquillo , 142 AD3d 1359 , 1359 [4th Dept 2016], lv denied 28 NY3d 1143 [2017]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]; People v Smith , 129 AD3d 1549, 1549-1550 [4th Dept 2015], lv denied 26 NY3d 971 [2015]).
discussed Cited as authority (rule) People v. Laurent
N.Y. App. Div. · 2017 · confidence medium
Defendant correctly concedes that he failed to preserve for our review his contention that he was denied a fair trial based upon misconduct by the prosecutor on summation {see CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [4th Dept 2015], lv denied 26 NY3d 971 [2015]).
discussed Cited as authority (rule) People v. Pendergraph
N.Y. App. Div. · 2017 · confidence medium
Defendant’s contention that he was denied a fair trial based upon prosecutorial misconduct is unpreserved for our review inasmuch as defendant did not object to any of the alleged instances of misconduct (see CPL 470.05 [2]; People v Smith, 129 AD3d 1549, 1549 [2015], lv denied 26 NY3d 971 [2015]).
discussed Cited as authority (rule) People v. Redfield
N.Y. App. Div. · 2016 · confidence medium
Defendant’s remaining claims of prosecutorial misconduct are not preserved for our review, and we decline to exercise our power to review those claims as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [2015], lv denied 26 NY3d 971 [2015]).
discussed Cited as authority (rule) People v. Redfield
N.Y. App. Div. · 2016 · confidence medium
Defendant’s remaining claims of prosecutorial misconduct are not preserved for our review, and we decline to exercise our power to review those claims as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [2015], lv denied 26 NY3d 971 [2015]).
discussed Cited as authority (rule) People v. Carrasquillo
N.Y. App. Div. · 2016 · confidence medium
Defendant’s contention that he was denied a fair trial by prosecutorial misconduct upon summation is unpreserved for our review inasmuch as defendant did not object to any of the alleged instances of misconduct (see People v Paul, 78 AD3d 1684, 1684-1685 [2010], lv denied 16 NY3d 834 [2011]; People v Smith, 32 AD3d 1291, 1292 [2006], lv denied 8 NY3d 849 [2007]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [2015], lv denied 26 NY3d 971 [2015]).
discussed Cited as authority (rule) People v. Carrasquillo
N.Y. App. Div. · 2016 · confidence medium
Defendant’s contention that he was denied a fair trial by prosecutorial misconduct upon summation is unpreserved for our review inasmuch as defendant did not object to any of the alleged instances of misconduct (see People v Paul, 78 AD3d 1684, 1684-1685 [2010], lv denied 16 NY3d 834 [2011]; People v Smith, 32 AD3d 1291, 1292 [2006], lv denied 8 NY3d 849 [2007]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [2015], lv denied 26 NY3d 971 [2015]).
cited Cited as authority (rule) People v. Frumusa
N.Y. App. Div. · 2015 · confidence medium
The court therefore properly concluded that “the probative value of the evidence outweighed its prejudicial effect” (People v Smith, 129 AD3d 1549, 1549 [2015], lv denied 26 NY3d 971 [2015]).
cited Cited as authority (rule) People v. Frumusa
N.Y. App. Div. · 2015 · confidence medium
The court therefore properly concluded that “the probative value of the evidence outweighed its prejudicial effect” (People v Smith, 129 AD3d 1549, 1549 [2015], lv denied 26 NY3d 971 [2015]).
discussed Cited "see, e.g." People v. Jurs
nycountyct · 2015 · signal: see also · confidence medium
Although defendant’s prosecutorial misconduct claim was not properly preserved (see CPL 470.05 [2]; see also People v Smith, 129 AD3d 1549, 1549-1550 [4th Dept 2015]), under the circumstances presented, the court has nevertheless chosen to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]) and concludes, upon that review, that defendant is entitled to a new trial.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Keith A. Smith
Appellate Division of the Supreme Court of the State of New York.
Jun 12, 2015.
129 A.D.3d 1549
Dejoseph, Sconiers, Scudder, Smith, Valentino.
Cited by 14 opinions  |  Published

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered October 18, 2013. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (four counts) and perjury in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him of two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), four counts of criminal possession of a controlled substance in the third degree (§ 220.16 [1]), and peijury in the first degree (§ 210.15). We reject defendant’s contention that County Court erred in permitting the People to present evidence concerning his prior uncharged drug sales. That evidence was admissible to establish defendant’s intent to sell drugs, a necessary element of each of the controlled substance charges (see People v Laws, 27 AD3d 1116, 1117 [2006], lv denied 7 NY3d 758 [2006]). In addition, the evidence of those uncharged crimes was admissible to establish the perjury charge (see People v De Vivo, 282 AD2d 770, 771 [2001], lv denied 96 NY2d 900 [2001]). Moreover, the court properly concluded that the probative value of the evidence outweighed its prejudicial effect (see People v Carson, 4 AD3d 805, 806 [2004], lv denied 2 NY3d 797 [2004]), and it gave an appropriate limiting instruction (see People v Rogers, 103 AD3d 1150, 1152-1153 [2013], lv denied 21 NY3d 946 [2013]).

Defendant’s contention “that he was denied a fair trial based upon prosecutorial misconduct is unpreserved for our review inasmuch as defendant did not object to any of the alleged instances of misconduct” (People v Paul, 78 AD3d 1684, 1684[*1550] [2010], lv denied 16 NY3d 834 [2011]; see CPL 470.05 [2]). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). We reject defendant’s contention that the verdict finding him guilty of the controlled substance offenses is against the weight of the evidence. Viewing the evidence in light of the elements of those crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Finally, the sentence is not unduly harsh or severe.

Present — Scudder, P.J., Smith, Sconiers, Valentino and DeJoseph, JJ.