PEOPLE v. MORENO


16 A.D.3d 438 (2005)

792 N.Y.S.2d 99

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT MORENO, Appellant.

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

March 7, 2005.


Ordered that the judgment is affirmed.

The evidence adduced at trial established that during the course of an attempt to rob the victim of his necklace and in furtherance thereof, the defendant shot the victim from approximately two to three feet away and the victim died from a single gunshot wound to the throat. The defendant was convicted of murder in the first degree (see Penal Law § 125.27 [1] [a] [vii]). The defendant contends that the Supreme Court...

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