PEOPLE v. WARREN

No. 13.

20 N.Y.3d 393 (2013)

984 N.E.2d 914

960 N.Y.S.2d 716

2013 NY Slip Op 881

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAMIEN WARREN, Respondent.

Court of Appeals of New York.

Decided February 12, 2013.


Attorney(s) appearing for the Case

Frank A. Sedita, III , District Attorney, Buffalo ( Donna A. Milling of counsel), for appellant.

Michael L. D'Amico , Buffalo, for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH and PIGOTT concur; Judge RIVERA taking no part.


OPINION OF THE COURT

READ, J.

Defendant Damien Warren and three codefendants, Eric Young, Marvin Howard and Nathaniel Williams, were jointly indicted on a theory of accomplice liability for second-degree murder (Penal Law § 125.25 [1]) and second-degree weapon possession (Penal Law § 265.03 [former (2)]) in connection with a drug-related shooting death in the City of Buffalo on March 23, 2006. The week before jury selection, Young, who had just...

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