PEOPLE v. CABAN


181 A.D.2d 536 (1992)

The People of the State of New York, Respondent, v. Augustin Caban, Appellant

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

March 17, 1992


Evidence at trial was that defendant argued with a long time acquaintance, chased her into the hallway of an apartment building, carefully aimed a loaded revolver at her, and shot once, from a distance of approximately five to six feet. The bullet entered the victim's left leg and lodged in her right knee, was still embedded at the time of trial, and caused both scarring and continuing pain.

The trial court properly refused to charge assault in the third degree as...

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