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PEOPLE v. FOGLE

307 A.D.2d 299 (2003)

762 N.Y.S.2d 104

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FOGLE, Appellant.

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

Decided July 14, 2003.

Ordered that the matter is remitted to the Supreme Court, Kings County, for further findings of fact, including credibility findings, in accordance with this decision and order, and to reopen the hearing, if necessary, and the appeal is held in abeyance in the interim.

On September 19, 1995, Alex Colon, allegedly acting in concert with another person, chased and shot Shawn Barnes in the head, killing him. The perpetrators...

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