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MATTER OF SMITH v. GOORD

250 A.D.2d 946 (1998)

673 N.Y.S.2d 233

In the Matter of Lemuel Smith, Petitioner, v. Glenn Goord, as Commissioner of The Department of Correctional Services, Respondent

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

May 14, 1998

Mercure, J.

In May 1981, while serving three consecutive prison terms of 25 years to life on two murder convictions and a kidnapping conviction (see, People v Smith, 59 N.Y.2d 156), petitioner murdered Correction Officer Donna Payant. Defendant was convicted of murder in the first degree and sentenced to death; however, on appeal, the Court of Appeals declared the applicable death penalty law to be unconstitutional...

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