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PEOPLE v. CAVINES

70 N.Y.2d 882 (1987)

The People of the State of New York, Respondent, v. Felton Cavines, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1987.

Attorney(s) appearing for the Case

Harold V. Ferguson, Jr., and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Alexander P. Schlinger 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.

On December 12, 1982, defendant pointed a gun at Ron Humphrey. Humphrey threw himself to the ground, put his hands over his face, and heard two clicks, but the gun did not fire. Humphrey fled. After defendant and the gun were seized, Humphrey identified both. The gun was examined and found to be loaded with live ammunition but jammed. A member of...

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