PEOPLE v. SMITH


288 A.D.2d 629 (2001)

732 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD F. SMITH, Appellant.

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

Decided November 15, 2001.


Cardona, P. J.

In the early morning hours of September 21, 1998, defendant, while driving on Albany Shaker Road in the Town of Colonie, Albany County, struck and killed Jeffrey Deters who was walking off the paved roadway in an adjacent grassy area. The victim's body was discovered at approximately 8:40 A.M. In the evening of that same day, defendant telephoned the Colonie police and told a police officer that he had watched the evening news and wondered if he might...

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