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PEOPLE v. CODY

260 A.D.2d 718 (1999)

689 N.Y.S.2d 245

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY M. CODY, Appellant.

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

Decided April 8, 1999.

Mikoll, J.

On October 19, 1996, defendant's girlfriend, Barbara Truesdale, was shot four times in the back of the head while she lay on a sofa in the house she shared with defendant. Testimony established that the two quarreled earlier in the day and Truesdale left the residence. Shortly before the killing, defendant telephoned a friend and said that he was "locked and loaded" and that he was "going to kill [Truesdale]...

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