PEOPLE v. DAVIS


86 A.D.2d 542 (1982)

The People of the State of New York, Respondent, v. Calvin Davis, Also Known as Kevin Dunn, Appellant The People of the State of New York, Respondent, v. Benjamin Johnson, Appellant

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

January 19, 1982


The prosecution's theory was that defendants came to the apartment of the decedent to commit robbery, in the course of which they shot and killed the decedent. The defendants' contention was that they were there to buy narcotics and that, in the course of an argument which escalated into a fight about the purchase price, the decedent's wife came in with a rifle and fired the rifle intending to hit one of the defendants and instead shot and killed her husband. The major error...

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