PEOPLE v. SMITH (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Nicole SMITH, also known as Onica Thompson, Defendant-Appellant.

Decided: January 03, 2008

ANDRIAS, J.P., NARDELLI, BUCKLEY, CATTERSON, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered November 29, 2005, convicting defendant, after a hearing, of violation of probation, and resentencing her to concurrent terms of 2 to 6 years, unanimously affirmed.

The court properly exercised its discretion (see CPL 410.70[2]; People v. Ebert, 18 A.D.3d 963, 964, 794 N.Y.S.2d 733 [2005] ) in denying defendant's request for a further adjournment of her already adjourned probation violation hearing for the purpose of trying to ascertain the existence and whereabouts of a claimed videotape of the shoplifting incident at issue. There was no reason to believe that an adjournment for that purpose would have been fruitful, especially since the store security manager testified at the hearing that there was no such tape. Furthermore, there was ample evidence, including defendant's admissions, to support the violation of probation charge.

We perceive no basis for reducing the sentence.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law