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PEOPLE v. GALINDO

No. 132

23 N.Y.3d 719 (2014)

17 N.E.3d 1121

993 N.Y.S.2d 525

2014 NY Slip Op 4803

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVERIO GALINDO, Appellant.

Court of Appeals of New York.

Decided June 26, 2014.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Marisa K. Cabrera of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Christopher P. Marinelli and Alan Gadlin of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and RIVERA concur with Judge ABDUS-SALAAM; Judge PIGOTT dissents in part in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

ABDUS-SALAAM, J.

During the early morning hours on September 21, 2009, defendant Oliverio Galindo shot his cousin Augustine Castaneda in the leg. He accompanied his cousin to the hospital and was later arrested at Broome Street Bar in Manhattan where he and Castaneda were employed. Defendant was indicted on two counts of criminal possession of a weapon in the second degree, one count for possession of a loaded firearm with the intent...

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