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PEOPLE v. DAWKINS

82 N.Y.2d 226 (1993)

624 N.E.2d 162

604 N.Y.S.2d 34

The People of the State of New York, Respondent, v. Lamonte Dawkins, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1993.

Attorney(s) appearing for the Case

David Loftis, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Sholom J. Twersky and Roseann B. Mackechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and SMITH concur with Judge LEVINE; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion in which Judge TITONE concurs.

LEVINE, J.

Defendant was tried on counts of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree, arising out of the alleged shooting of the victim on a subway train in Kings County. After one day of deliberation, the jury returned a verdict finding defendant guilty of attempted murder and not guilty on the remaining counts. At defendant's...

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