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PEOPLE v. SMOTHERS

41 A.D.3d 1271 (2007)

838 N.Y.S.2d 314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRACY SMOTHERS, Appellant. (Appeal No. 1.)

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

Decided June 8, 2007.

It is hereby ordered that said appeal from the judgment insofar as it imposed sentence for criminal possession of a weapon in the third degree be and the same hereby is unanimously dismissed (see People v Haywood, 203 A.D.2d 966 [1994], lv denied 83 N.Y.2d 967 [1994]) and the judgment is modified on the law by reducing the conviction of murder in the second degree (Penal Law § 125.25 [2]) to manslaughter in the second...

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