PEOPLE v. SOUTHERN


198 A.D.2d 24 (1993)

603 N.Y.S.2d 128

The People of the State of New York, Respondent, v. James Southern, Appellant

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

November 4, 1993


Defendant was convicted for offenses arising out of two separate incidents, during which defendant used the same gun. The first incident on August 30, 1989, in which the then 16 year old defendant threatened to shoot another teenager, resulted in the menacing conviction, while the second incident on September 12, 1989 resulted in defendant fatally shooting another teenager in the back in a Times Square arcade.

The police had been provided with sufficient probable...

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