| People v Smith |
| 2020 NY Slip Op 06839 [35 NY3d 1117] |
| November 19, 2020 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 16, 2020 |
| The People of the State of New York, Respondent, v Russell Smith, Appellant. |
Decided November 19, 2020
People v Smith, 178 AD3d 524, reversed.
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 of the Court of Appeals (22 NYCRR 500.11), 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]). Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.