PEOPLE v. SIMON


75 A.D.2d 516 (1980)

The People of the State of New York, Respondent, v. Mark Simon, Appellant

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

April 8, 1980


The facts are quite fully set forth in the dissenting memorandum. It is undisputed that the shooting and killing of the victim had its genesis in a quarrel between the victim and the defendant, so that as the defendant said, "I felt it was all my fault." There was sufficient evidence that defendant had done the shooting. Defendant, however, contended that the shooting had been done by a friend of his, Donny Wilkens, who unfortunately was himself killed an hour later. (The...

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