PEOPLE v. ORTIZ


275 A.D.2d 752 (2000)

713 N.Y.S.2d 484

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RADAMES ORTIZ, Appellant.

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

Decided September 18, 2000.


Ordered that the judgment is affirmed.

The defendant, an off-duty police officer, left his car blocking a street, preventing the victim, Stephen Kelly, from driving through. Kelly asked the defendant to move the car and the defendant refused. During an ensuing fight, the defendant struck Kelly with his service revolver. Kelly then grabbed for the gun, and the defendant fired several shots, one of which killed Kelly.

Viewing the evidence in the light most favorable...

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