PEOPLE v. BERNIER


204 A.D.2d 732 (1994)

612 N.Y.S.2d 629

The People of the State of New York, Respondent, v. Norberto Bernier, Appellant

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

May 31, 1994


Ordered that the judgment is affirmed.

The defendant was a security guard at a nightclub when the crowd outside the club became restless and began pushing as they waited to enter. The defendant retrieved a shotgun from his boss, held it across his chest, and used the gun and his elbow to push the crowd back. The defendant knew the shotgun was loaded and had been given the gun in the past. During the struggle the defendant "accidentally" pulled the trigger and shot...

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