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PEOPLE v. LEE

102014.

80 A.D.3d 877 (2011)

914 N.Y.S.2d 415

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMARI LEE, Also Known as OMAR LEE and O, Appellant.

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

Decided January 13, 2011.

MERCURE, J.P.

Defendant was charged in a 14-count indictment with numerous crimes relating to the April 2007 murder of Xavier McDaniel in Schenectady County. Defendant believed that McDaniel had stolen crack cocaine, cash and a gun from him. While defendant's friend, Allen Blount, distracted McDaniel by asking to purchase marihuana in McDaniel's car, defendant ran up to the vehicle, opened the door and confronted McDaniel over the stolen items. Defendant then shot...

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