New York Court of Appeals, 1993

People v. Smith

New York Court of Appeals · Decided September 2, 1993 · Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith Concur

621 N.E.2d 689; 82 N.Y.2d 731; 602 N.Y.S.2d 322; 1993 N.Y. LEXIS 3011 (North Eastern Reporter, Second Series)

Cases that cite this one

34 later published cases cite this decision. The 25 that cite it most often are listed here.

Van Gorder v. ALLERD (District Court, W.D. New York 2005)
People v. Dinkins (Appellate Division of the Supreme Court of New York 2026)
People v. Steward (Appellate Division of the Supreme Court of New York 2026)
People v. Bailey (Appellate Division of the Supreme Court of New York 2023)
People v. Bailey (Appellate Division of the Supreme Court of New York 2023)
People v. Cleveland (Appellate Division of the Supreme Court of New York 2023)
People v. Echevarria-Acevedo (Heriberto) (Appellate Terms of the Supreme Court of New York 2022)
People v. Addison (Appellate Division of the Supreme Court of New York 2021)
People v. Cedeno (Rolando) (Appellate Terms of the Supreme Court of New York 2019)
NESMITH, VENICE J., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Sheard (Appellate Division of the Supreme Court of New York 2016)
People v. Nesmith (Appellate Division of the Supreme Court of New York 2016)
People v. Nesmith (Appellate Division of the Supreme Court of New York 2016)
People v. Crowder (Appellate Division of the Supreme Court of New York 2012)
People v. Crowder (Appellate Division of the Supreme Court of New York 2012)
People v. Jackson (Appellate Division of the Supreme Court of New York 2008)
People v. Covington (Appellate Division of the Supreme Court of New York 2007)
People v. Robles (Appellate Division of the Supreme Court of New York 2006)
People v. Green (Appellate Division of the Supreme Court of New York 2006)
People v. Peters (Appellate Division of the Supreme Court of New York 2006)
People v. Wainwright (Appellate Division of the Supreme Court of New York 2004)
People v. Llanos (Appellate Division of the Supreme Court of New York 2004)
People v. Fu Chen (Appellate Division of the Supreme Court of New York 2002)
People v. Stewart (Appellate Division of the Supreme Court of New York 2002)
People v. Yensi (Appellate Division of the Supreme Court of New York 1998)

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 affirmed. For the reasons stated by the majority at the Appellate Division, we reject defendant’s argument that the trial court’s inquiry pertaining to his request for new counsel was inadequate. Under the circumstances here, we conclude that no further inquiry was required. Moreover, we find no merit in defen *733 dant’s contention that his attorney provided inadequate representation. Counsel’s decision not to call a witness, whose testimony he assessed as weak, was a strategic legal decision which does not amount to ineffective assistance of counsel (see, People v Baldi, 54 NY2d 137, 150-152). Finally, defendant’s arguments concerning the prosecutor’s summation are merit-less. The statements complained of constituted nothing more than permissible references to the absence of credible testimony supporting defendant’s alibi defense (see, People v Allen, 121 AD2d 453, 454, affd 69 NY2d 915).

Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.