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PEOPLE v. SMITH

98-3053-001.

69 Misc.3d 1030 (2020)

132 N.Y.S.3d 251

2020 NY Slip Op 20240

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PATRICE SMITH, Defendant.

County Court, Erie County.

Decided September 2, 2020.

Attorney(s) appearing for the Case

Kate Mogulescu , Brooklyn Law School Legal Services Corp. ( Juli J. Kempner of counsel), for defendant.

John J. Flynn , District Attorney ( Michael J. Hillery of counsel), for plaintiff.

OPINION OF THE COURT

Defendant moves pursuant to Criminal Procedure Law § 440.47 for an order vacating the sentence originally imposed in the matter and resentencing defendant pursuant to Penal Law § 60.12 on the grounds that: (1) at the time of the commission of the offense she was a victim of domestic...

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