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PEOPLE v. McPHERSON

2008-08975.

89 A.D.3d 752 (2011)

932 N.Y.S.2d 85

2011 NY Slip Op 7863

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN McPHERSON, Appellant.

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

Decided November 1, 2011.

Ordered that the judgment is affirmed.

At around midnight on October 18 to 19, 2007, the defendant went to the Island Rock nightclub in Hempstead with his girlfriend, a friend of his girlfriend, Delroy McCalla, and another individual, Roman Taylor. After drinking alcohol at the nightclub, the defendant and Taylor left and went to a nearby parking lot. McCalla testified that the defendant did not appear intoxicated at that time. According to McCalla, the defendant...

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