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MOLLOY v. NYC POLICE DEPT.

50 A.D.3d 98 (2008)

851 N.Y.S.2d 480

In the Matter of RICHARD J. MOLLOY, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

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

February 7, 2008.

Attorney(s) appearing for the Case

Richard J. Molloy, appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York City (Alan Beckoff and Francis Caputo of counsel), for respondents.

MAZZARELLI, J.P., GONZALEZ and SWEENY, JJ., concur with BUCKLEY, J.; CATTERSON, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

BUCKLEY, J.

Petitioner was convicted in 1999 of manslaughter in the second degree and sentenced to a prison term of 4 to 12 years for the shooting death of Patrick Phelan (see People v Molloy, 282 A.D.2d 311 [2001], lv denied 96 N.Y.2d 922 [2001]). The defense theory at trial was that Phelan, an intoxicated, diminutive house painter, furtively removed the service revolver from the holster...

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