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PEOPLE v. SMITH

167 KA 21-00682.

2024 NY Slip Op 02620

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HILLARD SMITH, ALSO KNOWN AS MARK SMITH, Defendant-Appellant.

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

Decided May 10, 2024.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( SUSAN HUTCHISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MICHAEL J. McHALE OF COUNSEL), FOR RESPONDENT.

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.

Appeal from a resentence of the Supreme Court, Erie County (M. William Boller, A.J.), rendered November 9, 2020. Defendant was resentenced upon a conviction of manslaughter in the first degree, burglary in the first degree, menacing in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and criminal contempt in the first degree (two counts).

It is hereby ORDERED that the resentence so appealed from is unanimously modified...

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