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PEOPLE v. HARTMAN

4 A.D.3d 22 (2004)

772 N.Y.S.2d 396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHAD HARTMAN, Appellant.

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

February 26, 2004.

Attorney(s) appearing for the Case

Kindlon & Shanks P.C., Albany (Terence L. Kindlon of counsel), for appellant.

Robert M. Carney, District Attorney, Schenectady (Matthew Schwartz of counsel), for respondent.

CARDONA, P.J., CREW III, PETERS and LAHTINEN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered July 22, 2002, upon a verdict convicting defendant of the crimes of murder in the second degree, criminal possession of a weapon in the fourth degree and assault in the third degree.

On October 5, 2001, in the course of a fight in the Newest Lunch Bar and Grill in the Town of Rotterdam, Schenectady County, defendant fatally stabbed...

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