774 N.E.2d 236, 746 N.Y.S.2d 471 PEOPLE v. PAUL SMITH Court of Appeals of the State of New York. Decided June 20, 2002. Appeal from the Appellate Division Kaye, Ch. J. Application in criminal cases for leave to appeal denied. Tagged: 746 N.Y.S.2d 471774 N.E.2d 236