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PEOPLE v. WHATLEY

69 N.Y.2d 784 (1987)

The People of the State of New York, Respondent, v. Jerry Whatley, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1987.

Attorney(s) appearing for the Case

Robert S. Dean and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Billie Manning and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant has been convicted of murder, second degree, after a jury trial. He does not deny that he was present at the scene of the crime but he denies that he shot decedent or that he knew of the intention of the shooter to do so. The People submitted circumstantial evidence that: defendant sought out decedent at a social gathering at the home of...

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