People v Smith, 35 NY3d at 1117 (2020)

2020 NY Slip Op 06839 [35 NY3d 1117]
November 19, 2020
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Russell Smith, Appellant.

Decided November 19, 2020

People v Smith, 178 AD3d 524, reversed.

{**35 NY3d at 1117} OPINION OF THE COURT

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.