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PEOPLE v. SPENCER

146 A.D.2d 817 (1989)

The People of the State of New York, Respondent, v. Roderick Spencer, Appellant

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

January 30, 1989

Ordered that the judgment is affirmed.

In light of its verdict, it is clear that the jury credited the Associate Medical Examiner's testimony that the cause of death of the victim Wayne Dees was "a single gunshot wound of the arm, the chest, the lung and aorta". The speculative testimony of the Associate Medical Examiner derived from evidence of the presence of alcohol and cocaine in the decedent's system that the combination...

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