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PEOPLE v. McDOWELL

216 A.D.2d 419 (1995)

628 N.Y.S.2d 336

The People of the State of New York, Respondent, v. Emel McDowell, Appellant

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

June 12, 1995

Ordered that the judgment is affirmed.

The defendant was convicted of the intentional murder of Jonathan Powell. The testimony at trial established that Powell and his cousin, Divine Thomas, were approached by a group of young men in a courtyard outside a party. The defendant, facing both Thomas and Powell, pulled out a gun. According to Thomas, the defendant pointed the gun at him, and as Powell stepped in front of Thomas, the defendant fired a shot, hitting Powell...

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