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PEOPLE v. DE JESUS

101 A.D.2d 111 (1984)

The People of the State of New York, Respondent, v. Juan De Jesus, Appellant

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

April 24, 1984

Attorney(s) appearing for the Case

Susan Corkery of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Norman L. Reimer of counsel (Gould & Reimer, attorneys), for appellant.

ASCH, SILVERMAN and ALEXANDER, JJ., concur with SANDLER, J. P.; LYNCH, J., dissents in a separate opinion.

SANDLER, J.

At about 9:30 P.M. on November 23, 1980, Angel Rodriguez, operator of a social club at 508 East 12th Street, was shot to death in the club. Indicted for the homicide, the defendant was convicted after a jury trial of murder in the second degree. The prosecution's case rested essentially on the testimony of two witnesses.

Norman Diaz testified that he was in the hallway of the building adjoining...

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