The People v. Andrew Smart
This text of The People v. Andrew Smart (The People v. Andrew Smart) 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.
Opinion
This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 108 SSM 18 The People &c., Respondent, v. Andrew Smart, Appellant.
Submitted by David P. Greenberg, for appellant. Submitted by Jill Oziemblewski, for respondent.
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]).
- 1 - - 2 - SSM 18
* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman took no part.
Decided June 29, 2017
- 2 -
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
The People v. Andrew Smart, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-andrew-smart-ny-2017.