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PEOPLE v. FRATELLO

92 N.Y.2d 565 (1998)

706 N.E.2d 1173

684 N.Y.S.2d 149

The People of the State of New York, Respondent, v. Frank Fratello, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1998.

Attorney(s) appearing for the Case

Dublirer, Haydon, Straci & Victor, New York City (Paul A. Victor and Flora Edwards of counsel), for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Karen P. Swiger and Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, CIPARICK and WESLEY concur with Judge LEVINE; Judge SMITH dissents and votes to reverse in a separate opinion.

LEVINE, J.

Defendant was convicted, following a bench trial, of attempted murder, second degree, assault, first degree, criminal use of a firearm, first degree, and criminal possession of a weapon, second and third degrees. All of the charges arose out of the shooting of Guy Peduto shortly after 2:00 A.M., December 7, 1993, during a car chase in the Throgs Neck section...

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