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PEOPLE v. ROSE

208 A.D.2d 414 (1994)

617 N.Y.S.2d 301

The People of the State of New York, Respondent, v. Stacy Rose, Appellant

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

October 13, 1994

The People's evidence overwhelmingly established that the defendant, who had a secreted gun, and a companion walked up to the victim and his companions, and with no provocation, started a fight with the victim. When the victim, a college student, tried to calm defendant's companion down, defendant pointed the gun at the victim's head from only a short distance away and fired a shot into the victim's eye. There is not a scintilla...

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