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PEOPLE v. RIVERA

No. 48.

23 N.Y.3d 112 (2014)

12 N.E.3d 444

989 N.Y.S.2d 446

2014 NY Slip Op 2379

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

Court of Appeals of New York.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Leila Hull of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Solomon Neubort , Leonard Joblove and Seth M. Lieberman of counsel), for respondent.

OPINION OF THE COURT

READ, J.

Defendant Enrique Rivera was charged with second-degree murder (Penal Law § 125.25 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) in connection with the stabbing death of Edgar Ojeda at a Brooklyn bar in the early morning hours of February 27, 2005. The narrative of what happened and its aftermath, as developed at defendant's...

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