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PEOPLE v. STEWART

Ind. No. 1805/16. Appeal No. 212-212A. Case Nos. 2018-2435, 2021-03738.

216 A.D.3d 463 (2023)

187 N.Y.S.3d 645

2023 NY Slip Op 02465

The People of the State of New York, Respondent, v. Michael Stewart, Appellant.

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

Decided May 9, 2023.

Attorney(s) appearing for the Case

Mark W. Zeno , Center for Appellate Litigation, New York ( Barbara Zolot of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Vincent Rivellese of counsel), for respondent.

Concur—Webber, J.P., Kern, Friedman, Mendez, Shulman, JJ.

Judgment, Supreme Court, Bronx County (Denis J. Boyle, J., at hearing; Lester B. Adler, J., at jury trial and sentencing), rendered November 27, 2017, convicting defendant of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously modified, on the law, to the extent of vacating the DNA databank fee and reducing the mandatory surcharge and crime victim assistance fee to $150 and $5, respectively, and otherwise affirmed. Order, Supreme Court...

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