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PEOPLE v. SMITH

210 A.D.2d 267 (1994)

620 N.Y.S.2d 67

The People of the State of New York, Respondent, v. Deshaw Smith, Also Known as Darryl Swindell, Appellant

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

December 5, 1994

Ordered that the judgment is affirmed.

On August 2, 1990, while off-duty, Police Officer Justino Zambrana was riding his motorcycle to work and stopped at a traffic light. The defendant and the codefendant Devere Seabrook approached the motorcycle, displayed weapons, and attempted to steal Officer Zambrana's motorcycle. Officer Zambrana displayed his shield and yelled "police", after which Seabrook fired shots at Zambrana...

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