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PEOPLE v. GARCIA

101763.

79 A.D.3d 1248 (2010)

911 N.Y.S.2d 723

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNIE M. GARCIA, III, Appellant.

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

Decided December 9, 2010.

STEIN, J.

While on duty in a marked police car, Richard Comstock observed a light-skinned male, wearing a white sweatshirt with dark stripes on the sleeve and a light colored hat on his head, lean out of the front passenger-side window of a minivan and fire five or six shots from a semiautomatic handgun at a Jeep, which was in front of the minivan. Comstock reported the incident and pursued the minivan. After a short distance...

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