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PEOPLE v. SMITH

108340.

174 A.D.3d 1039 (2019)

104 N.Y.S.3d 413

2019 NY Slip Op 05586

The People of the State of New York, Respondent, v. Nigel Smith, Also Known as Blacka, Also Known as Life, Appellant.

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

Decided July 11, 2019.

On June 15, 2013, an alleged drug dealer (hereinafter the victim) was found dead from asphyxiation and blunt force trauma. Based on allegations that defendant, along with Calvin Bell, attacked and robbed the victim several hours earlier, purportedly in retaliation for the victim having sexually assaulted

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