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PEOPLE v. PONDER

77 A.D.2d 223 (1980)

The People of the State of New York, Respondent, v. Wade Ponder, Appellant

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

November 13, 1980

Attorney(s) appearing for the Case

Alfred P. Kremer for appellant.

Lawrence T. Kurlander, District Attorney (Irene Dymkar of counsel), for respondent.

CARDAMONE, SCHNEPP, DOERR and WITMER, JJ., concur.

DILLON, P. J.

On February 10, 1977 Joseph Salerno was shot while being robbed in his hardware store in the City of Rochester. He died on March 8, 1977 as a result of the gunshot wound. Defendant was indicted as the perpetrator and upon a jury trial was convicted of felony murder (Penal Law, § 125.25, subd 3); manslaughter in the first degree (Penal Law, § 125.20, subd 1) and criminal possession of a...

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