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PEOPLE v. SMITH

2016-07922. Ind. No. 2421/14.

201 A.D.3d 746 (2022)

159 N.Y.S.3d 514

2022 NY Slip Op 00199

The People of the State of New York, Respondent, v. Maradona Smith, Appellant.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Sean H. Murray of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel), for respondent.

Connolly, J.P., Chambers, Hinds-Radix and Miller, JJ., concur.

Ordered that the judgment is affirmed.

On October 6, 2013, the defendant shot and killed Emmanuel Capers. In December 2013, a then 14-year-old girl (hereinafter the eyewitness) contacted the police to tell them that she had witnessed the shooting. Based upon her information, the defendant was arrested in March 2014. The defendant confessed to the shooting orally and in writing.

The defendant was tried in 2015, but the Supreme Court declared a mistrial after...

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