PEOPLE v. DIXON


192 A.D.2d 338 (1993)

596 N.Y.S.2d 18

The People of the State of New York, Respondent, v. Sidney Dixon, Appellant

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

April 6, 1993


Though no proof was produced at trial that a projectile was discharged when defendant fired his gun three times, the circumstantial evidence precludes any reasonable hypothesis that defendant was shooting blanks. Defendant's stated purpose in returning to the scene of his friend's shootout with the police was revenge, defendant fired his weapon while officers were conducting their on-the-scene investigation, and one bent on revenge does not ordinarily fire blanks. Thus, the...

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