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PEOPLE v. CHEVALIER

220 A.D.2d 114 (1996)

644 N.Y.S.2d 508

The People of the State of New York, Respondent, v. Herman Chevalier, Appellant

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

June 25, 1996

Attorney(s) appearing for the Case

Ellen Dille of counsel, New York City (Philip L. Weinstein, attorney), for appellant.

James P. Kane of counsel, New York City (Robert M. Raciti on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

RUBIN and ROSS, JJ., concur with MURPHY, P. J.; SULLIVAN and TOM, JJ., dissent in a separate opinion by TOM, J.

MURPHY, P. J.

Shortly after midnight on April 11, 1987, defendant Herman Chevalier and a group of friends were involved in a fight with Lionel Davis, Alfredo Davis, Fausto Contreras and Hermillion Guillen outside a bodega on Amsterdam Avenue and 164th Street. According to defendant's version of events, the altercation began when Lionel Davis, who appeared to be "feeling good" and consumed a can of beer in defendant...

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