PEOPLE v. MOLINA

102905.

79 A.D.3d 1371 (2010)

914 N.Y.S.2d 331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS E. MOLINA, Appellant.

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

Decided December 16, 2010.


EGAN Jr., J.

On August 1, 2008, Maurice Davis was sleeping in the master bedroom on the second floor of the apartment he shared with his wife at 347 Woodlawn Avenue in an apartment complex located in the City of Elmira, Chemung County, when a bullet penetrated the apartment's exterior wall, striking him in the head and killing him. Defendant was thereafter arrested and charged with two counts of murder in the second degree, attempted murder in the second degree, two...

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