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PEOPLE v. CABEY

85 N.Y.2d 417 (1995)

649 N.E.2d 1164

626 N.Y.S.2d 20

The People of the State of New York, Appellant-Respondent, v. Keith Cabey, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Andrew J. Shipe and Susan L. Valle of counsel), for appellant-respondent.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Adam D. Cole of counsel), E. Joshua Rosenkranz and Mark Gimpel for respondent-appellant.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The issue in this case of attempted murder is whether the evidence was legally sufficient to establish defendant's guilt. We conclude that it was and we modify the order of the Appellate Division.

There is evidence in the record that on the night of July 23, 1990, shortly after 10:00 P.M., Shanequa Fanning encountered her ex-boyfriend, Dwayne Henry, outside her building. She agreed to accompany...

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