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  5. 156 A.D.2d 719 (1989)
 

PEOPLE v. KELLY

156 A.D.2d 719 (1989)

The People of the State of New York, Respondent, v. Nathaniel Kelly, Also Known as Reginald Jenkins, Appellant

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

December 26, 1989

Ordered that the judgments are affirmed.

On February 11, 1984, the defendant, who was armed with a gun, robbed Frank Martin of a gold chain and medallion. The defendant then proceeded to shoot Martin in the base of the skull. The victim died as a result of the gunshot wound. Two days after the defendant was arrested for the shooting he escaped from police custody. He was, however, rearrested approximately one year later...

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