Spain, J.
Following a three-week jury trial, defendant was convicted of intentional second degree murder and criminal possession of a weapon in the second degree for the shooting death of 25-year-old Andres Benitez (hereinafter the victim). The shooting occurred on a residential street in the City of Schenectady, Schenectady County, during the afternoon of December 15, 2001 in front of a crowd of witnesses. The trial testimony established that defendant and the victim...
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