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PEOPLE v. McGEE

No. 30.

20 N.Y.3d 513 (2013)

986 N.E.2d 907

964 N.Y.S.2d 73

2013 NY Slip Op 1867

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS McGEE, Appellant.

Court of Appeals of New York.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Barbara J. Davies , Chief Attorney, Legal Aid Bureau of Buffalo, Buffalo ( Karen C. Russo-McLaughlin and David C. Schopp of counsel), for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Michael J. Hillery and Donna A. Milling of counsel), for respondent.

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

OPINION OF THE COURT

GRAFFEO, J.

According to the proof presented at trial, viewed in the light most favorable to the People, defendant Demetrius McGee drove a Chevy Equinox down Cambridge Street in Buffalo while codefendant Mychal Carr fired shots toward civilians, cars and homes from the front passenger window of the vehicle. Law enforcement personnel immediately responded to the scene and, rather than surrendering, defendant led multiple police vehicles...

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