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  5. 66 N.Y.2d 863 (1985)
 

PEOPLE v. GILMORE

66 N.Y.2d 863 (1985)

The People of the State of New York, Respondent, v. Kenneth Gilmore, Jr., Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1985.

Attorney(s) appearing for the Case

Martin B. Adelman for appellant.

Elizabeth Holtzman, District Attorney (Richard T. Faughnan and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER and TITONE concur; Judge MEYER dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant stands convicted of murder in the second degree and attempted murder in the second degree arising out of the fatal shooting of Theodore Gross and the wounding of Gross's companion, Melita Sneed. The victims were shot from behind at pointblank range while seated in the front seat of Gross's automobile...

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