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PEOPLE v. ADAMS

11028, 11029, 7581/99, 11030.

117 A.D.3d 104 (2014)

983 N.Y.S.2d 246

2014 NY Slip Op 2349

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERMAN ADAMS, Appellant.

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

Decided April 3, 2014.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod and Susan Gliner of counsel), for respondent.

ACOSTA, J.P., RENWICK, SAXE and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

Defendant was accused of firing shots into a car, killing two of the occupants and seriously injuring a third. A second gunman was not apprehended. The theory of the defense was that defendant was an innocent bystander who was misidentified by two police officers to cover their miscue after they mistakenly shot and wounded him when they arrived at the scene after the shooting....

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