Smith v. State

Full title: MICHAEL S. SMITH, Appellant, v. STATE OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: May 5, 1983

59 N.Y.2d 718 (N.Y. 1983)

463 N.Y.S.2d 439

450 N.E.2d 245

Opinion

Decided May 5, 1983

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.

Jeremiah J. Moriarty III, for appellant. Robert Abrams, Attorney-General ( Peter J. Dooley of counsel), for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 91 A.D.2d 1181).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge SIMONS.