PEOPLE v. PRIESTER


98 A.D.2d 820 (1983)

The People of the State of New York, Respondent, v. James H. Priester, Appellant

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

December 1, 1983


Defendant was indicted for the crime of murder in the second degree. It was alleged that defendant, with intent to cause the death of Ozzie "Junior" Gardner, caused his death on or about June 29, 1979 by shooting him with a shotgun. The People contended that defendant shot and killed the victim intentionally. Defendant contended that the shooting was an accident. Defendant maintained that he had withdrawn from an altercation with the victim and Leroy Williams and returned...

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