PEOPLE v. SIMON


56 A.D.3d 804 (2008)

868 N.Y.S.2d 151

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SIMON, Appellant.

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

November 25, 2008.


Ordered that the judgment is affirmed.

In 2004 the defendant was tried on murder charges arising from a 1987 shooting. Prior to the shooting, the defendant was engaged in a verbal dispute with the victim's brother, who threw a stick at him. The defendant then retrieved a gun from his apartment and went back outside, encountering the victim, his brother, and another individual. An argument ensued; the defendant claimed that the victim stabbed him in the face with a...

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