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PEOPLE v. NELSON

2010-04848.

125 A.D.3d 58 (2014)

998 N.Y.S.2d 216

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL NELSON, Appellant.

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

Decided December 24, 2014.

Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City ( Alexis A. Ascher of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

BALKIN, J.P., and ROMAN, J., concur with MILLER, J.; DICKERSON, J., dissents and votes to reverse the judgment and order a new trial.

OPINION OF THE COURT

The defendant was charged by indictment with the murder of Leo Walton and the attempted murder of Mark Maldonado. At trial, the People presented evidence demonstrating that Maldonado invited the defendant into the apartment that Maldonado and Walton shared, and that once inside, the defendant shot Walton...

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