PEOPLE v. MALLARD

107459.

151 A.D.3d 1181 (2017)

2017 NY Slip Op 04500

53 N.Y.S.3d 571

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC MALLARD, Appellant.

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

Decided June 8, 2017.


Pursuant to a plea agreement that required a waiver of appeal, defendant waived indictment and pleaded guilty to manslaughter in the first degree as charged in a superior court information, stemming from the stabbing death of Takim Smith on February 4, 2013. Supreme Court sentenced defendant to the agreed-upon prison term of 20 years with five years of postrelease supervision and ordered him to pay restitution. He now appeals.

On appeal, defense counsel seeks to be...

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