PEOPLE v. LEONARD


63 A.D.3d 1278 (2009)

881 N.Y.S.2d 220

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPHUS LEONARD, Appellant.

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

June 11, 2009.


Stein, J.

After an argument with his stepson, defendant left the room and returned with a loaded gun. He then shot his stepson in the head, causing his death. Defendant was indicted on charges of murder in the second degree and criminal possession of a weapon in the second degree. He ultimately pleaded guilty to one count of murder in the second degree and was sentenced to a prison term of 20 years to life. Thereafter, defendant moved to vacate the judgment of conviction...

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