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PEOPLE v. SMITH

No. 213

15 N.Y.3d 669 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN SMITH, Appellant. CITY OF NEW YORK, Intervenor-Respondent.

Court of Appeals of New York.

Decided December 16, 2010.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Bruce D. Austern and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Martin J. Foncello and Mary C. Farrington of counsel), for respondent.

Michael A. Cardozo , Corporation Counsel, New York City ( Julie Steiner and Barry P. Schwartz of counsel), for intervenor-respondent.

OPINION OF THE COURT

CIPARICK, J.

In September 2006, defendant Sean Smith was charged in a New York County indictment with one count each of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, unlawful possession of marijuana, and unlicensed driving. He ultimately pleaded guilty to both weapons charges and unlicensed driving in full satisfaction of the indictment. In exchange for his guilty plea, defendant...

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