PEOPLE v. SMITH (2020)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Russell SMITH, Appellant.

No. 95 SSM 24

Decided: November 19, 2020

Robert S. Dean, Center for Appellate Litigation, New York City (Mark W. Zeno of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to Supreme Court, Bronx County, for a hearing on defendant's CPL 330.30 motion. The motion court abused its discretion in denying defendant's CPL 330.30(2) motion without first conducting a hearing (see CPL 330.40[2][d]-[f]; People v. Maragh, 94 N.Y.2d 569, 573–575, 708 N.Y.S.2d 44, 729 N.E.2d 701 [2000]).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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