Lahtinen, J.
On the evening of August 28, 2001, defendant, who was absent without leave from the United States Army and had unlawfully entered the victim's home in Sullivan County, fired three shots from a .308-caliber rifle at the victim as he returned to his home. Two of the shots struck the victim, who was defendant's stepuncle, and the victim died later that evening from the gunshot wounds. Defendant had obtained the rifle earlier in the day by unlawfully entering...
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