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PEOPLE v. SMITH

217 A.D.2d 221 (1995)

635 N.Y.S.2d 824

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

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

November 15, 1995

Attorney(s) appearing for the Case

Kevin Bradley, Canisteo, for appellant.

John C. Tunney, District Attorney of Steuben County, Bath (John Cirando of counsel), for respondent.

GREEN, FALLON, BALIO and BOEHM, JJ., concur.

DENMAN, P. J.

Defendant, Eric Smith, was convicted following a jury trial of intentional murder for the strangulation and bludgeoning of four-year-old Derrick Robie on August 2, 1993, in Savona, New York, a crime committed when defendant was 13 years old. Defendant was sentenced to the maximum indeterminate term of nine years to life, which he is serving at a facility...

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