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PEOPLE v. KEEN

252 A.D.2d 278 (1999)

687 N.Y.S.2d 7

The People of the State of New York, Respondent, v. Keith Keen, Appellant

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

February 25, 1999

Attorney(s) appearing for the Case

Julia P. Kuan of counsel (Richard M. Greenberg, attorney), for appellant.

Carol A. Remer-Smith of counsel (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

WILLIAMS, LERNER and SAXE, JJ., concur with NARDELLI, J. P.; WALLACH, J., dissents in a separate opinion.

NARDELLI, J. P.

Defendant was convicted of the depraved indifference murder of Sheldon Brown and of related weapons counts in a dispute over entry without payment into a social club where defendant was working. There was eyewitness testimony from Delroy and Leon McLean that defendant shot and mortally wounded Brown because Brown had "dissed" him. Each brother had previously seen defendant at least 50 times,...

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