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PEOPLE v. DAVIS

386 KA 12-01529.

118 A.D.3d 1264 (2014)

987 N.Y.S.2d 537

2014 NY Slip Op 4292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN J. DAVIS, Appellant.

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

Decided June 13, 2014.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) for firing 19 shots from an AK-47 assault rifle at a house in Buffalo. One of the bullets entered the living room and struck the victim, a 15-year-old girl who was sitting at the computer doing her

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