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PEOPLE v. DAVILLA

120 A.D.2d 860 (1986)

The People of the State of New York, Respondent, v. George Davilla, Appellant

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

May 22, 1986

Weiss, J.

On June 9, 1982, defendant was charged in a one-count indictment with murder in the second degree for allegedly stabbing a fellow inmate at Elmira Correctional Facility on May 29, 1982. At trial, the People introduced the testimony of another inmate, John Banks, who described the fatal assault and identified defendant as the perpetrator. Banks testified that defendant approached the victim from behind...

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