PEOPLE v. HOLMES


204 A.D.2d 243 (1994)

612 N.Y.S.2d 153

The People of the State of New York, Respondent, v. Malik Holmes, Also Known as Mark Holmes, Appellant

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

May 31, 1994


Initially, defendant contends that the evidence adduced at trial does not support the verdict. We disagree. The evidence showed that defendant was part of a group of men who converged on Jeffery Spence at a Bronx nightclub and engaged him in a heated discussion concerning a car accident. After one of the men said, "Let's get it over and done with," several of them approached Spence, including defendant, who had a gun in each hand. Gunfire broke out and, when it

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