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PEOPLE v. BORUKHOVA

2009-04153

89 A.D.3d 194 (2011)

931 N.Y.S.2d 349

2011 NY Slip Op 7646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAZOLTUV BORUKHOVA, Appellant.

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

Decided October 25, 2011.

Attorney(s) appearing for the Case

Dershowitz, Eiger & Adelson, P.C., New York City ( Nathan Z. Dershowitz , Amy Adelson , Victoria B. Eiger , Daniela Klare Elliot and Alan M. Dershowitz , of the Massachusetts bar, admitted pro hac vice, of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Gary Fidel and Donna Aldea of counsel), for respondent.

OPINION OF THE COURT

ENG, J.

On the morning of October 28, 2007, Daniel Malakov, a 34-year-old dentist, left his busy office to take his young daughter Michelle to a nearby park where he had agreed to bring the child for a visit with her mother, the defendant Mazoltuv Borukhova. As Malakov was waiting for the defendant to arrive, he was shot to death in front of four-year-old Michelle by a man wielding a gun equipped with a makeshift silencer fashioned out...

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