Spain, J.
Following a jury trial, defendant was convicted of attempted assault and weapons charges but acquitted of attempted murder stemming from his shooting of Justin Woodard on March 12, 2007 in the City of Elmira, Chemung County. At trial, Woodard testified that he was driving with his friend Robert Brewer in the front passenger seat, when he stopped his car to speak with Larry Messick, a friend who was in the driver's seat of an SUV facing the opposite direction...
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