PEOPLE v. SMITH

593 KA 18-00944.

186 A.D.3d 1106 (2020)

129 N.Y.S.3d 234

2020 NY Slip Op 04702

The People of the State of New York, Respondent, v. Hillard Smith, Also Known as Mark Smith, Appellant. (Appeal No. 1.)

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

Decided August 20, 2020.


It is hereby ordered that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is modified on the law and the facts by reversing those parts convicting defendant of manslaughter in the first degree under count two of the indictment and assault in the third degree under count four of the indictment and dismissing those counts of the indictment, and as modified the judgment is affirmed.

Memorandum: In appeal No. 1, defendant...

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