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PEOPLE v. GONZALEZ

1 N.Y.3d 464 (2004)

807 N.E.2d 273

775 N.Y.S.2d 224

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WALTER GONZALEZ, Respondent.

Court of Appeals of the State of New York.

Decided March 25, 2004.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney, Rochester (Wendy Evans Lehmann of counsel), for appellant.

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

On January 25, 2000, defendant entered a Rochester barber shop and whispered something to another person in the shop. Although both left quickly, defendant soon returned, kicked in the door, stepped inside, pulled a gun from his waistband and shot the victim in the chest from a distance of six to seven feet. As the victim fell to the floor, defendant fired again, shooting him in the head. Defendant then leaned over...

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