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PEOPLE v. SMITH

52 N.Y.2d 802 (1980)

The People of the State of New York, Respondent, v. Bernard Smith, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Philip L. Weinstein and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Donald J. Siewert and Mark Dwyer of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, FUCHSBERG and MEYER concur in memorandum; Judge WACHTLER dissents and votes to affirm in an opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted for a new trial.

Defendant Smith and his codefendant were charged with assault in the first degree and criminal possession of a weapon in the fourth degree as a result of an incident in which they allegedly participated in the stabbing of one Jerry Mayer, an Australian businessman, as Mayer was attempting to escort his companion...

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