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PEOPLE v. HENRIQUES

7 Misc.3d 453 (2005)

794 N.Y.S.2d 569

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DERRICK HENRIQUES, Defendant.

Supreme Court, Kings County.

January 5, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Russell Neufeld and Thomas Cleary of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Diane R. Eisner of counsel), for plaintiff.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

The defendant moves to vacate his probationary sentence.1

In deciding this motion, the court has considered the motion papers, the affirmation in opposition and the court file.

Background

On February 4, 1997, the defendant shot and killed his "girlfriend." The defendant claimed that the shooting was an "accident...

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