Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: On August 18, 1993, defendant William Turner (Turner) received a Marlin .22 caliber 14-shot semiautomatic rifle as a birthday present from his parents, defendants Hugh J. and Noreen Turner. Five days later, Turner pointed the rifle out the screen of his bedroom window, looked through the scope and saw 12-year-old Philip J. Kent (Kent) sitting on his front...
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