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PEOPLE v. HERRING

No. 165.

19 N.Y.3d 1094 (2012)

979 N.E.2d 1177

955 N.Y.S.2d 850

2012 NY Slip Op 7226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS HERRING, Appellant.

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Diane E. Selker , Peekskill, for appellant.

Thomas P. Zugibe , District Attorney, New City ( Itamar J. Yeger of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

During an early morning altercation in a crowded parking lot outside a nightclub in Rockland County, defendant Carlos Herring repeatedly shot and killed one man, wounded another and brandished his revolver at a third man. He was subsequently charged with second-degree murder, second-degree assault, second- and third...

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