About Trey Smith, Esq. | Troy, NY Personal Injury Lawyer
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Trey Smith, Esq

Smith Hernandez LLC is a Troy, New York litigation firm founded in 2004 by J. Hernandez, III and Trey Smith. We can represent you in a wide range of cases and have a Spanish-speaking lawyer to better serve your needs.

Committed to your legal success

Y.C. “Trey” Smith received his doctorate of jurisprudence from the University of Texas School of Law in 1986. He prosecuted homicides and other serious crimes as an Assistant District Attorney, and then Chief Assistant District Attorney, from 1987 to 1991 in Rensselaer County, New York. For the next year, he served as principal law clerk to a New York Supreme Court Justice. From 1993 to 1999, Trey was a partner in Delaney & Smith, an Albany litigation firm handling personal injury cases. For the next five years, he worked with the Dallas, Texas law firm of Roger G. Worthington, P.C., representing people from across the nation with asbestos-related cancers. During this time, Trey personally represented over 50 mesothelioma claimants, each with recoveries in excess of $1 million. In 2004, he returned to New York and with J. Hernandez, III founded Smith Hernandez LLC. Trey lives in Rensselaer County with his wife and two daughters.


Areas of practice

emphases include:

 • Criminal defense

 • DWI and drug offenses

 • Personal injury

 • Product liability

 • Wrongful death

 • Auto accidents

 • Workplace accidents

Trey’s verdicts in personal injury cases include $2.5 million for an asbestos-related cancer, over $900,000 for a crushed vertebra and soft tissue injuries in an automobile accident, and over $300,000 for a broken ankle in a motorcycle accident. Recent settlements include a 2012 recovery of over $700,000 for the wrongful death of a dialysis patient harmed by exposure to toxic dye contrast.

Personal injury success


Criminal defense history

Trey continues to make headlines in criminal court. In 2009, he led a team of lawyers to victory before the Court of Appeals (New York’s highest court) in People v. Scott Weaver, which held that the police must get a warrant before placing a GPS device on a suspect’s car. This was a victory for the right to privacy not just in New York, but the whole country. Three years later, the United States Supreme Court would make the holding in People v. Scott Weaver the law of the land. Because of Trey’s work, Mr. Weaver’s conviction was reversed and all charges against him dismissed. In 2010, using crime scene reconstruction, Trey established the innocenceof Terry Battiste of 2002 double-murder charges, and has guest lectured at Siena College regarding the Battiste case and falsification of prosecution evidence.

Past success does not guarantee success in your case. Some personal injury recoveries were obtained in association with other law firms; every personal injury case is unique; some cases settle for a lesser amount after verdict; and all recoveries are subject to attorney’s fees and expenses.