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PEOPLE v. MOLANO

70 A.D.3d 1172 (2010)

894 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL MOLANO, Appellant.

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

Decided February 18, 2010.

Mercure, J.P.

The underlying facts of this matter are also set out in a decision of this Court addressing the appeal of codefendant Dwayne Ham (People v Ham, 67 A.D.3d 1038 [2009]). Briefly, in April 2005, Ham and the victim argued while playing basketball at a public park. The argument escalated until a mutual friend separated Ham and the victim. Ham left the park for a short time, then returned in a car driven by defendant...

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