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PEOPLE v. SLIVIENSKI

112033.

204 A.D.3d 1228 (2022)

166 N.Y.S.3d 392

2022 NY Slip Op 02584

The People of the State of New York, Respondent, v. Thomas Slivienski, Appellant.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Paul J. Connolly, Delmar, for appellant.

P. David Soares, District Attorney, Albany (Emily Schultz of counsel), for respondent.

Garry, P.J., Egan Jr., Colangelo and Ceresia, JJ., concur.

On November 16, 2018, at approximately 10:00 p.m., the victim and four friends, Bryan Carpenter, Marquis Alston, Jeremy Shumway and John Gomes (hereinafter collectively referred to as the friends), went to the bike path located in the City of Cohoes, Albany County to purchase marihuana. In fact, the true plan was that the victim and...

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