New York Court of Appeals, 2017

People v. Smart

New York Court of Appeals · Decided June 29, 2017 · Difiore, Fahey, Feinman, Garcia, Rivera, Stein, Wilson

29 N.Y.3d 1098; 81 N.E.3d 379

Cases that cite this one

7 later published cases cite this decision.

Smart v. Lamanna (District Court, E.D. New York 2023)
People v. Palacios (Appellate Division of the Supreme Court of New York 2025)
People v. Makropoulos (Appellate Division of the Supreme Court of New York 2022)
People v. Irizarry (Appellate Division of the Supreme Court of New York 2020)
People v. Serrano (Appellate Division of the Supreme Court of New York 2019)
People v. Quintana (Appellate Division of the Supreme Court of New York 2018)
People v. Carew (Appellate Division of the Supreme Court of New York 2018)

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. The record supports the Appellate Division’s finding that the challenged lineup was not unduly suggestive. Accordingly, defendant’s claim is beyond our further review (People v McBride, 14 NY3d 440, 448 [2010] [citation omitted]).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur; Judge Feinman taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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