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PEOPLE v. SMITH

197 A.D.2d 717 (1993)

602 N.Y.S.2d 915

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

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

October 25, 1993

Ordered that the judgment is affirmed.

At approximately 2:30 A.M. on April 4, 1988, a brawl broke out between two groups of youths on the northbound F train in Brooklyn, during which the defendant shot and killed Frank Lovett. Of the eight youths who testified that they had been on the train at the time Lovett was killed, two testified that, after an initial flurry of shots that broke up the fight, the defendant stood over...

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