PEOPLE v. GIBBS


286 A.D.2d 865 (2001)

731 N.Y.S.2d 102

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC GIBBS, Appellant.

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

Decided September 28, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law §§ 20.00, 125.25 [1]). A witness testified at trial that she observed a vehicle drive into a ditch shortly after 2:00 A.M. on July 12, 1996, in a rural area. The witness drove to a nearby house and called 911 for assistance and, while waiting for the police to arrive, observed the vehicle

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