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PEOPLE v. THOMAS

100874, 101316.

2008 NY Slip Op 06319

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUTHER A. THOMAS, Appellant.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Teresa C. Mulliken, Harpersfield, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

MALONE, Jr., J.

For his role in the 2005 robbery and murder of the victim, defendant was charged by indictment with two counts of murder in the second degree, robbery in the first degree, conspiracy in the fourth degree and tampering with physical evidence. After extensive negotiations, defendant was offered a plea agreement that if he agreed to testify against Jeffrey Kelly, one of his codefendants, he would be permitted to plead guilty...

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