The defendant was indicted, charged with murder in the second degree, criminal possession of a weapon in the second degree, and criminal use of a firearm in the first degree, in that on July 17, 1982, he intentionally caused the death of one Victor Ortega by shooting him with a loaded pistol. The defendant testified, as the sole witness on his own behalf, that the victim assaulted him with a gun and that the gun "went off" while they struggled for it. The trial court refused...
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