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PEOPLE v. BRADLEY

211 A.D.2d 388 (1995)

The People of the State of New York, Respondent, v. James F. Bradley, Appellant

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

April 28, 1995

Attorney(s) appearing for the Case

Kevin Bradley, Canisteo (Terrance Connors of counsel), for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Donna Milling of counsel), for respondent.

FALLON and CALLAHAN, JJ., concur with PINE, J.; GREEN, J. P., dissents and votes to reverse in a separate opinion in which DAVIS, J., concurs.

PINE, J.

I

On September 23, 1983, defendant, who was then age 63, shot and killed IRS collection agent Michael Dillon in the kitchen of defendant's home. Dillon was attempting to collect the remaining $500 owed from a 1981 settlement of a claim by the IRS against defendant of just over $2,500. According to the testimony of defendant's wife, a prosecution witness, defendant and Dillon were arguing;...

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