Spain, J.
Defendant was indicted on one count of murder in the second degree based on an incident occurring in the early morning hours of October 19, 1997 at a bar in the Village of Candor, Tioga County. After a hostile verbal exchange between defendant and decedent's friends inside the bar, a fight erupted outside the bar between defendant's brother and decedent and his friends. Defendant became involved and ended up on the ground across the street from the bar,...
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