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PEOPLE v. RIVERA

2009-05779.

100 A.D.3d 658 (2012)

953 N.Y.S.2d 160

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE RIVERA, Appellant.

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

November 7, 2012.

Ordered that the judgment is affirmed.

The defendant was indicted on charges of, inter alia, murder in the second degree (Penal Law § 125.25 [1]), arising from a barroom confrontation that resulted in a stabbing death. At trial, two of the People's witnesses testified that the defendant exchanged words with the victim and suddenly "punched" him twice in the area of his left chest and left shoulder. The defendant and...

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