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PEOPLE v. SMITH

152 A.D.2d 56 (1989)

The People of the State of New York, Respondent, v. Ricardo Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1989

Attorney(s) appearing for the Case

Anthony C. Ginetto for appellant.

Elizabeth Holtzman District Attorney (Barbara D. Underwood, Roseann B. Mackechnie and Amy Appelbaum of counsel), for respondent.

BROWN, J. P., EIBER and SULLIVAN, JJ., concur.

LAWRENCE, J.

On this appeal, the defendant challenges the validity of his conviction of murder in the second degree (felony murder) (Penal Law § 125.25 [3])1. We find that under the circumstances, the conviction may have been premised on conduct for which the defendant, who was 15 years old when the crime was committed, could not be held criminally responsible as an adult (Penal...

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