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PEOPLE v. SMITH

117 Misc.2d 737 (1983)

The People of the State of New York, Plaintiff, v. Lemuel Smith, Defendant.

Supreme Court, Dutchess County.

February 3, 1983

Attorney(s) appearing for the Case

William Kunstler and Mark Gombiner for defendant. William E. Stanton, Special District Attorney (B. Anthony Morosco and Richard C. Schisler of counsel), for plaintiff.

ALBERT M. ROSENBLATT, J.

The defendant stands indicted for the murder of Green Haven Correction Officer Donna Payant. The indictment is drawn pursuant to section 125.27 (subd 1, par [a], cl [iii]) of the Penal Law charging what is a capital offense (Penal Law, § 60.06) for allegedly committing murder while in custody upon a life sentence.1

The defense has moved to suppress...

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