GARRY, J.
In May 2007, defendant, accompanied by two women, drove his vehicle to a location in the City of Kingston, Ulster County, where he planned to meet two men to purchase marihuana from them. After these two got into the vehicle, a third man (hereinafter the victim) appeared on the scene and pulled defendant out of the vehicle. A struggle ensued during which a gun was discharged. Defendant later testified that the gun was the victim's and that defendant took...
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