People v Smith

People v Smith 2020 NY Slip Op 06839 Decided on November 19, 2020 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 19, 2020
No. 95 SSM 24

[*1]The People & c., Respondent,

v.

Russell Smith, Appellant.

Submitted by Mark W. Zeno, for appellant.

Submitted by Kyle R. Silverstein, 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 NY2d 569, 573-575 [2000]). Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided November 19, 2020