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PEOPLE v. OWENS

251 A.D.2d 898 (1998)

674 N.Y.S.2d 847

The People of the State of New York, Respondent, v. Nathaniel Owens, Appellant

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

June 25, 1998

Carpinello, J.

On the night of November 27, 1995, at approximately 9:30 P.M. in the City of Elmira, Chemung County, defendant fatally shot Jeremiah Cade after Cade approached defendant on the street, began an argument and struck defendant in the face. Defendant was later arrested for the shooting and charged with murder in the second degree. Defendant testified at trial that he only drew the gun after being...

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