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PEOPLE v. HOLMES

118 A.D.2d 869 (1986)

The People of the State of New York, Appellant, v. Edward Holmes, Respondent

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

March 31, 1986

Order reversed, on the law, motion denied, and indictment reinstated.

By indictment No. 6287/84, the defendant was charged with murder in the second degree and criminal possession of a weapon in the second degree. It is alleged that on October 12, 1984, the defendant became involved in an argument between Keith Powell and a third person. A fight erupted during which there was a struggle for a gun. While the defendant was holding Keith Powell around the waist, the...

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