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PEOPLE v. BURNS

6 N.Y.3d 793 (2006)

844 N.E.2d 751

811 N.Y.S.2d 297

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVOR BURNS, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Bruce D. Austern and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Alan Gadlin of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant took part in a shootout in which he was wounded and the victim killed. Before implicating himself and two associates in the killing, he gave several different accounts of what had happened, including the claim that both he and the victim had been shot by a gang of Hispanic men.

At trial, the People disclosed a signed statement given to police...

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