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PEOPLE v. SMITH

918 KA 09-02651.

109 A.D.3d 1150 (2013)

971 N.Y.S.2d 605

2013 NY Slip Op 6164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARTHOLOMEW SMITH, Appellant.

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

Decided September 27, 2013.

Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered December 11, 2009. The judgment convicted defendant, upon a jury verdict, of murder in the first degree and rape in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the first degree (Penal Law § 125.27 [1] [a] [vii...

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