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PEOPLE v. DIAZ

249 A.D.2d 698 (1998)

671 N.Y.S.2d 772

The People of the State of New York, Respondent, v. Eliud Manso Diaz, Appellant

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

April 16, 1998

Yesawich Jr., J.

On June 27, 1995, a group of individuals was assembled at the corner of Main Street and John Street in the City of Amsterdam, Montgomery County, when an argument erupted between Luis Cabrera and defendant's brother, Abimael Manso Diaz. There was testimony that during the argument, defendant came out of a nearby store and told some children to go home. After Cabrera (hereinafter decedent) declined...

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