People v. Smith

965 N.E.2d 232, 18 N.Y.3d 588
CourtNew York Court of Appeals
DecidedFebruary 14, 2012
StatusPublished
Cited by94 cases

This text of 965 N.E.2d 232 (People v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Smith, 965 N.E.2d 232, 18 N.Y.3d 588 (N.Y. 2012).

Opinions

OPINION OF THE COURT

Jones, J.

The issues before this Court are whether Supreme Court abused its discretion by denying defendant’s request for the substitution of assigned counsel and by issuing a Sandoval ruling which permitted the prosecutor to refer to defendant’s prior drug-related felony convictions by naming the specific crimes, should he choose to testify. We hold that it did not.

On April 25, 2007, defendant was arrested for the sale of cocaine after detectives, assigned to the surveillance of drug [591]*591activity in a particular area, observed defendant conduct two apparent drug transactions in front of a bar in Manhattan. The detectives first arrested the two individuals, who they allegedly saw give defendant money in exchange for drugs, and recovered crack cocaine from each of them. Upon defendant’s arrest, they discovered additional drugs in his back pocket. Defendant was charged with two counts of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree.

Prior to jury selection, defendant indicated that his former defense counsel “really botched up” and that he felt his present attorney was not “going to represent [him] to the best of his ability.”

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Bluebook (online)
965 N.E.2d 232, 18 N.Y.3d 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-ny-2012.