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PEOPLE v. HILL

No. 42.

16 N.Y.3d 811 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HADJI S. HILL, Appellant.

Court of Appeals of New York.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Leslie E. Swift of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's plea vacated, and the case remitted to County Court for further proceedings on the indictment.

On November 19, 2005, defendant Hadji Hill pulled a switchblade knife from his pocket and stabbed his uncle in the chest, killing him. This incident took place in defendant's apartment. Defendant was arrested and charged with second-degree intentional murder...

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