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COM. v. GAYNOR

417 Pa.Super. 417 (1992)

612 A.2d 1010

COMMONWEALTH of Pennsylvania v. Michael GAYNOR, Appellant.

Superior Court of Pennsylvania.

Filed July 16, 1992.

Reargument Denied September 24, 1992.

Attorney(s) appearing for the Case

Thomas R. Quinn, Philadelphia, for appellant.

Alan Sacks, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before CAVANAUGH, McEWEN and OLSZEWSKI, JJ.

CAVANAUGH, Judge:

Appellant, Michael Gaynor engaged in a gunfight with codefendant Ike Johnson1 in which one child was killed and two were injured. The victims, along with other children, were in a small variety store when Gaynor and Johnson entered and began to shoot at each other. The children were in an unprotected area of the store between Gaynor at the front door and Johnson, who hid behind a video machine. The fatal bullet was fired...

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