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PEOPLE v. BREEDLOVE

26 A.D.3d 641 (2006)

809 N.Y.S.2d 291

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY L. BREEDLOVE, Appellant.

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

February 16, 2006.

CREW III, J.P.

In January 2003, defendant was at an apartment in the City of Elmira, Chemung County, when his friend Early Everett got into a fight with Courteney Swartz. While the two struggled in a small hallway of the apartment, defendant pulled a gun from his pocket and began firing at Swartz. Swartz was struck five times, once in the arm, one shot causing a graze-type injury and three shots in the back, as the result...

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