PEOPLE v. RICE

102916.

90 A.D.3d 1237 (2011)

935 N.Y.S.2d 169

2011 NY Slip Op 9042

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE RICE, Appellant.

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

Decided December 15, 2011.


McCARTHY, J.

Defendant shot the victim several times at point blank range, injuring him. Out of nine counts in the ensuing indictment, six were dismissed prior to trial and two were dismissed during trial. The jury convicted defendant of the remaining count, assault in the first degree. Supreme Court sentenced defendant to 15 years in prison, followed by five years of postrelease supervision. Defendant appeals.

The conviction was supported by legally sufficient...

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