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PEOPLE v. KOPP

33 A.D.3d 153 (2006)

817 N.Y.S.2d 806

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES KOPP, Appellant.

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

July 7, 2006.

Attorney(s) appearing for the Case

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), for appellant.

Frank J. Clark, District Attorney, Buffalo (Shawn P. Hennessy of counsel), for respondent.

HURLBUTT, KEHOE, SMITH and GREEN, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P.J.

Defendant appeals from a judgment convicting him, after a nonjury trial on stipulated facts, of intentional murder in the second degree (Penal Law § 125.25 [1]). Defendant was sentenced to an indeterminate term of imprisonment of 25 years to life. For the reasons set forth below, we conclude that the judgment should be affirmed.

On the evening of October 23, 1998...

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