PEOPLE v. DAVENPORT

2010-07918.

92 A.D.3d 689 (2012)

939 N.Y.S.2d 473

2012 NY Slip Op 976

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARTESE DAVENPORT, Respondent.

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

Decided February 7, 2012.


Ordered that the order is reversed, on the law and the facts, the motion is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

At approximately 3:10 A.M. on September 7, 2009, police officers received a radio call that a male had been shot at a specific location in Brooklyn. The police arrived at the scene less than one minute later. Although many people were in the area, the attention of one of the police...

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