PEOPLE v. ROSARIO


208 A.D.2d 961 (1994)

617 N.Y.S.2d 887

The People of the State of New York, Respondent, v. Richard Rosario, Appellant

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

October 31, 1994


Ordered that the judgment is affirmed.

On June 29, 1990, the defendant shot and killed the victim following an argument. He was charged with intentional murder, depraved indifference murder, and criminal possession of a weapon in the second degree.

Prosecution witnesses testified that the defendant pulled out a gun during the argument and pointed it at the victim, who managed initially to push the weapon down in an attempt to resolve the dispute without gunfire...

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