People v. Smith
Cases that cite this one
4 later published cases cite this decision.
- People v. Zowaski (Middletown City Court 2011)
- People v. Romero (Appellate Division of the Supreme Court of New York 2010)
- People v. Pacquette (Appellate Division of the Supreme Court of New York 2010)
- People v. Harvey (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered February 26, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing by a different justice.
Contrary to the defendant’s contention, the pretrial identification procedures were not unduly suggestive (see People v Chipp, 75 NY2d 327 [1990], cert denied 498 US 833 [1990]).
We remit the matter to the Supreme Court, Kings County, for resentencing before a different justice. The remarks of the sentencing court demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing (see People v Innis, 288 AD2d 236 [2001]; People v Santiago, 277 AD2d 258 [2000], lv denied 98 NY2d 772 [2002]). Santucci, J.P., Smith, McGinity and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.