People v. Smith
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Woods (Appellate Division of the Supreme Court of New York 1994)
- People v. Gayle (Appellate Division of the Supreme Court of New York 1987)
- People v. Jennings (Appellate Division of the Supreme Court of New York 1983)
- People v. Buchannan (Appellate Division of the Supreme Court of New York 2020)
- People v. Hayes (Appellate Division of the Supreme Court of New York 2020)
- BRITTON, BRIAN F., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Britton (Appellate Division of the Supreme Court of New York 2014)
- People v. Britton (Appellate Division of the Supreme Court of New York 2014)
- People v. Robert C. (New York Supreme Court 2014)
- People v. Grice (Appellate Division of the Supreme Court of New York 2011)
- People v. Jones (Appellate Division of the Supreme Court of New York 2003)
- People v. Sharpe (Appellate Division of the Supreme Court of New York 1999)
- People v. Owusu (Appellate Division of the Supreme Court of New York 1996)
- People v. Campbell (Appellate Division of the Supreme Court of New York 1995)
- People v. Newsome (Appellate Division of the Supreme Court of New York 1995)
- People v. Jones (Appellate Division of the Supreme Court of New York 1994)
- People v. Graves (Appellate Division of the Supreme Court of New York 1994)
- People v. Long (Appellate Division of the Supreme Court of New York 1993)
- People v. Ruggles (Appellate Division of the Supreme Court of New York 1990)
- People v. Watts (Appellate Division of the Supreme Court of New York 1989)
- People v. Clink (Appellate Division of the Supreme Court of New York 1988)
- People v. Cotarelo (Appellate Division of the Supreme Court of New York 1987)
- People v. Stokley (Appellate Division of the Supreme Court of New York 1987)
- People v. Simon (Appellate Division of the Supreme Court of New York 1986)
- People v. Cintron (Appellate Division of the Supreme Court of New York 1986)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial ordered.
We conclude that the trial court erred by refusing defendant’s request to charge robbery in the second degree. As noted by the dissenter in the court below, defendant’s confession, which was admitted into evidence as part of the People’s direct case, contained a statement to the effect that the weapon defendant was carrying during the robbery was a toy gun. This statement provided a reasonable basis in the evidence for the jury to conclude that the firearm displayed by defendant “was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged.” (Penal Law, § 160.15, subd 4; see CPL 300.50, subds 1, 2.) Therefore, defendant was entitled to a charge on the lesser offense of robbery in the second degree. Contrary to the People’s contention, the trial court’s charge concerning accomplice liability in no sense removed the effect of the prior error occasioned by the court’s refusal to charge the lesser offense.
We would only add that, by not raising before the suppression court the particular issue that his statements should have been suppressed as the result of an arrest effected in his home without a warrant and in the absence of exigent circumstances (see Payton v New York, 445 US 573), defendant has failed to preserve that issue for appellate review. (See People v Gonzalez, 55 NY2d 887 [decided herewith].)
*891 Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer concur; Judge Jones taking no part.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.