PEOPLE v. MALLOY


177 A.D.2d 511 (1991)

The People of the State of New York, Respondent, v. Thomas Malloy, Appellant

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

November 4, 1991


Ordered that the judgment is affirmed.

The defendant's indictment for murder in the second degree arose as a result of the fatal shooting of John Trammel on May 3, 1987. It was the People's theory that the defendant shot at Trammel six times in an act of revenge, after being told by his pregnant girlfriend that she had been raped by Trammel earlier that day. The defendant interposed a defense of justification (i.e., he shot Trammel when the latter allegedly reached...

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