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PEOPLE v. PEREZ

100 A.D.2d 366 (1984)

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

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

April 9, 1984

Attorney(s) appearing for the Case

Angel Perez, pro se, and Freda S. Nisnewitz for Angel Perez, appellant.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood, Roseann B. MacKechnie and Sarah G. Noll of counsel), for respondent.

BRACKEN and BROWN, JJ., concur with NIEHOFF, J.; GIBBONS, J. P., dissents and votes to reverse the judgment and order a new trial, with an opinion.

NIEHOFF, J.

On September 16, 1977, the defendant, Angel Perez, Antonio Calderone, Benedicto Muniz, also known as Junior, and others were in an apartment located at 586 Crescent Street, Brooklyn, New York. The defendant Angel Perez took out a gun and demanded that Junior turn over his money. Junior ignored the demand and after the defendant fired a shot toward the apartment wall, Junior told him he should not...

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