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PEOPLE v. THEBNER

168 A.D.2d 653 (1990)

The People of the State of New York, Respondent, v. Michael Thebner, Appellant

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

December 24, 1990

Ordered that the judgment is affirmed.

The defendant told police that, in an attempt to scare his girlfriend, he went to his gun rack and removed a rifle which he knew to be loaded. When he threatened to commit suicide, his girlfriend allegedly grabbed for the weapon and it discharged accidentally in a struggle which ensued between them, killing her. Viewing the evidence in a light most favorable to the People (see

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