Judgment affirmed.
The defendant fired a shotgun at the complainant, hitting him in the back as he was running away. He was indicted, inter alia, for assault in the first degree (Penal Law § 120.10 [1]) and criminal use of a firearm in the second degree (Penal Law § 265.08), and was convicted of those charges after a jury trial. On this appeal, the defendant argues for the first time that it was error to charge him with criminal use of a firearm in...
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