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PEOPLE v. SULLIVAN

153 A.D.2d 223 (1990)

The People of the State of New York, Respondent, v. Joseph Sullivan, Appellant

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

January 8, 1990

Attorney(s) appearing for the Case

John F. Middlemiss, Jr. (George Grun of counsel), for appellant.

James M. Catterson, Jr., District Attorney (Patricia A. Murphy of counsel), for respondent.

LAWRENCE and KOOPER, JJ., concur with BRACKEN, J. P. BROWN, J., concurs in result only in a separate opinion.

BRACKEN, J. P.

On December 8, 1981, the defendant and his accomplice and codefendant, Marco Tedesco, went to the apartment of Andrew Soldo in Selden, New York, in connection with a prearranged drug transaction. Upon entering the apartment, the defendant removed a handgun from his pocket and shot Mr. Soldo in the head. The defendant then proceeded to shoot Richard Bretz and Virginia Carson, two other occupants...

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