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People v. Smith

The People of the State of New York, Respondent, v. Mark Smith, Also Known as David Early, Appellant

People v. Smith, 621 N.E.2d 689 (N.Y. 1993)
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Court
New York Court of Appeals · State Highest Courts
Decided
September 2, 1993
Judges
Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith Concur
Citations
621 N.E.2d 68982 N.Y.2d 731602 N.Y.S.2d 3221993 N.Y. LEXIS 3011

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 31 cases

View all citing references →
1994: 41995: 11996: 41998: 12002: 22004: 22005: 12006: 32007: 12008: 12012: 12016: 32019: 12021: 12022: 12023: 22026: 219942026peak 1994 · 4

Relies on it most ⓘ

  1. Van Gorder v. ALLERD387 F. Supp. 2d 251 (W.D.N.Y. 2005)
  2. People v. Jackson48 A.D.3d 891 (2008)
  3. People v. Addison2021 NY Slip Op 06225
  4. People v. Green27 A.D.3d 231 (2006)
  5. People v. Bailey224 A.D.2d 435 (1996)
  6. People v. Covington44 A.D.3d 510 (2007)

Most recent

  1. People v. Steward2026 NY Slip Op 03637 (N.Y. App. Div. 2026)
  2. People v. Dinkins2026 NY Slip Op 01742 (N.Y. App. Div. 2026)
  3. People v. Cleveland217 A.D.3d 1346 (2023)
  4. People v. Bailey2023 NY Slip Op 00822 (N.Y. App. Div. 2023)
  5. People v. Echevarria-Acevedo (Heriberto)76 Misc. 3d 128(A) (2022)
  6. People v. Addison2021 NY Slip Op 06225

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
People v. Baldi, 429 N.E.2d 400 (N.Y. 1981) 5,129
People v. Allen, 508 N.E.2d 934 (N.Y. 1987) 33
People v. Allen, 121 A.D.2d 453 (1986) 14

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