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PEOPLE v. MERRILL

169 A.D.2d 997 (1991)

The People of the State of New York, Respondent, v. John V. Merrill, Appellant

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

January 31, 1991

Weiss, J.

At approximately 2:30 A.M. on June 27, 1989, Paul Drake and William MacDowall left a bar in the City of Binghamton, Broome County, and walked to MacDowall's car parked under a street light. A confrontation developed between MacDowall and William Crampton, who was accompanied by defendant. During the argument defendant suddenly and without warning struck Drake in the face with a beer bottle and fled. Ultimately, two separate photo arrays were...

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