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PEOPLE v. PEREZ

90 A.D.2d 468 (1982)

The People of the State of New York, Respondent, v. Jose Perez, Appellant

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

October 26, 1982

The homicide here involved arose out of an altercation between defendant, the owner of a "bodega," and the decedent, a customer (perhaps nonpaying). It was the prosecution's contention that in the course of this altercation defendant drew a gun, which he possessed, and shot and killed the decedent. The defense was that it was the decedent who had and drew the gun, and that the decedent was accidentally shot in the course of the struggle...

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