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PEOPLE v. APONTE

135 A.D.2d 544 (1987)

The People of the State of New York, Respondent, v. Evaristo Aponte, Appellant

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

December 7, 1987

Ordered that the judgment is modified, on the law and the facts, by reversing the defendant's conviction of murder in the second degree with respect to the first count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant Evaristo Aponte, and his codefendants Luis Maldonado and Anderson Garcia, were charged with and jointly...

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