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PEOPLE v. SMITH

240 A.D.2d 949 (1997)

659 N.Y.S.2d 534

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

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

June 26, 1997

Mercure, J.

In the early morning hours of June 22, 1993, defendant caused the death of Samuel Gardner by stabbing him in the chest and abdomen with a knife. The crime was committed in the presence of a number of witnesses; three of the eyewitnesses — Alvin Boykins, Ernest Horge and Linda McGruder — testified for the People at trial. During his testimony, Boykins initially denied seeing defendant at any time during the morning hours of June...

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