Judgment unanimously affirmed.
Memorandum:
In the early morning hours of February 22, 1992, defendant Danny Montes was ejected from Costa's Inn, a bar in the City of Rochester. A bar patron, Jose Jimenez, interjected himself into the situation by repeatedly asking the bartender whether he required assistance. Ultimately, Danny's brother, defendant Endeni Montes, punched Jimenez. Jimenez responded by pulling a gun from his pocket and firing several shots. Endeni...
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