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PEOPLE v. McCRAWFORD

47 A.D.2d 318 (1975)

The People of the State of New York, Respondent, v. Jimmy McCrawford, Appellant

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

April 10, 1975

Attorney(s) appearing for the Case

Carol Berkman of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Robert M. Cohen of counsel (Mario Merola, District Attorney), for respondent.

STEVENS, P.J., LUPIANO, CAPOZZOLI and LANE, JJ., concur.

KUPFERMAN, J.

In 1972, defendant, according to his explanation, had been in an altercation at a party and had been shot in the face suffering only a flesh wound. Bent on revenge, he went to the street corner at Boston Road in The Bronx where his alleged assailant lived and hurled a wine bottle through the window of the ground floor apartment. The bottle contained a flammable liquid (paint thinner) and had a cloth

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