Molloy v. New York City Police Department
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Buckley, J.
Petitioner was convicted in 1999 of manslaughter in the second degree and sentenced to a prison term of 4 to 12 years for the shooting death of Patrick Phelan (see People v Molloy, 282 AD2d 311 [2001], lv denied 96 NY2d 922 [2001]). The defense theory at trial was that Phelan, an intoxicated, diminutive house painter, furtively removed the service revolver from the holster of the much larger petitioner, then an off-duty police officer, and committed suicide (see People v Molloy, 235 AD2d 48 [1997]).
Following his conviction, petitioner made a request pursuant to…
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