Ordered that the judgment is affirmed.
The prosecution's theory at trial was that, in retaliation for a prior attack on the defendant's uncle, the defendant repeatedly shot at the unarmed victim and his brother as they fled. The victim was hit in the back by one of the bullets and subsequently died. The defendant was charged with, and convicted of, inter alia, manslaughter in the first degree and reckless endangerment in the first degree.
The defendant objected...
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