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.
- LANE, RONDULA L., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Lane (Appellate Division of the Supreme Court of New York 2013)
- People v. Lane (Appellate Division of the Supreme Court of New York 2013)
- People v. Gilleo (Appellate Division of the Supreme Court of New York 2010)
- McCray v. Walcott (District Court, E.D. New York 2024)
- People v. Gurley (Appellate Division of the Supreme Court of New York 2024)
- People v. Harris (Appellate Division of the Supreme Court of New York 2023)
- People v. McCray (Appellate Division of the Supreme Court of New York 2019)
- People v. Weaver (Appellate Division of the Supreme Court of New York 2018)
- GARCIA, FRANK, PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Guzman (Appellate Division of the Supreme Court of New York 2017)
- People v. Garcia (Appellate Division of the Supreme Court of New York 2017)
- People v. Garcia (Appellate Division of the Supreme Court of New York 2017)
- MALDONADO, ANGEL, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Maldonado (Appellate Division of the Supreme Court of New York 2014)
- People v. Maldonado (Appellate Division of the Supreme Court of New York 2014)
- WHITE, MICHAEL, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. White (Appellate Division of the Supreme Court of New York 2013)
- People v. White (Appellate Division of the Supreme Court of New York 2013)
- People v. Sorrell (Appellate Division of the Supreme Court of New York 2013)
- People v. Sorrell (Appellate Division of the Supreme Court of New York 2013)
- MCCOY, RONALD, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Tucker (Appellate Division of the Supreme Court of New York 2012)
- People v. Tucker (Appellate Division of the Supreme Court of New York 2012)
- People v. McCoy (Appellate Division of the Supreme Court of New York 2012)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Following indictment, defendant moved under CPL 210.30 (1) to inspect the grand jury minutes and dismiss the indictment on the ground that “[t]he evidence before the grand jury was not legally sufficient to establish the offense[s] charged” (CPL 210.20 [1] [b]). After reviewing the transcript of the grand jury proceeding, Supreme Court found that the evidence presented to the grand jury was, in fact, sufficient. In a decision and order to this effect, Supreme Court also pointed out that the indictment stated that the charged crimes occurred on a date other than the date appearing in the minutes, and invited the People to make an application to modify the indictment accordingly. Defendant renewed his motion to dismiss the indictment for legal insufficiency. Supreme Court held a hearing to inquire into the discrepancy between the dates, ultimately concluding that the minutes contained a simple typographical error. A jury subsequently convicted defendant of several of the crimes charged.
Defendant insists that Supreme Court was required to dismiss the indictment under these circumstances. Because Supreme
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.