People v. Smith

Decision Date25 October 1989
Citation548 N.Y.S.2d 432,74 N.Y.2d 900
Parties, 547 N.E.2d 959 People v. Smith (Larry)
CourtNew York Court of Appeals Court of Appeals

Kaye, J.

--- A.D.2d ----, 543 N.Y.S.2d 121

App.Div. 2, Nassau 6/26/89

Denied

To continue reading

Request your trial
5 cases
  • People v. Mathurine
    • United States
    • New York Criminal Court
    • July 31, 2013
    ...N.Y.S.2d 129, 482 N.E.2d 924 [1985]; People v. Smith, 151 A.D.2d 792, 543 N.Y.S.2d 121 [2d Dept. 1989]appeal denied74 N.Y.2d 900, 548 N.Y.S.2d 432, 547 N.E.2d 959 [1989] ). Since “CPL § 710.30(1)(a) is a notice statute intended to facilitate a defendant's opportunity to challenge before tri......
  • People v. Ziskin
    • United States
    • New York City Court
    • July 26, 1993
    ...with CPL § 710.30 is not required. Thus, in People v. Smith, 151 A.D.2d 792, 543 N.Y.S.2d 121 (2d Dept.), app. denied 74 N.Y.2d 900, 548 N.Y.S.2d 432, 547 N.E.2d 959 (1989), the court found that the People's failure to serve timely notice was not fatal, despite the "strict construction appr......
  • People v. Clark
    • United States
    • New York Supreme Court — Appellate Division
    • November 9, 1993
    ...are held not subject to this notice requirement (People v. Smith, 151 A.D.2d 792, 793, 543 N.Y.S.2d 121, lv. denied 74 N.Y.2d 900, 548 N.Y.S.2d 432, 547 N.E.2d 959). The statement at issue here was not only unquestionably spontaneous, in that it was completely unsolicited and unprompted, bu......
  • People v. Temple
    • United States
    • New York Supreme Court — Appellate Division
    • September 20, 1990
    ... ... Johnson, supra ), and that the information he possessed was [165 A.D.2d 750] sufficiently detailed to indicate both his reliability and the basis of his knowledge (see People v. Smith, 107 A.D.2d 633, 484 N.Y.S.2d 17). Hence, the police had probable cause to arrest. With respect to the search of the sweater, we note that the sweater was within defendant's "grabbable" area, the search was contemporaneous with the arrest and was conducted in the same location as the arrest ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT