PEOPLE v. McMILLIAN

29 KA 14-00660.

158 A.D.3d 1059 (2018)

71 N.Y.S.3d 262

2018 NY Slip Op 00649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUIS R. McMILLIAN, Also Known as JOHN DOE/"DAP," Appellant. (Appeal No. 1.).

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

Decided February 2, 2018.


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

Memorandum: In appeal No. 1 of these consolidated appeals, defendant appeals from a judgment convicting him, following a bench trial, of assault in the first degree (Penal Law § 120.10 [1]), and two counts of criminal possession of a weapon in the second degree (§ 265.03 [1] [b]; [3]), arising from an incident in which he shot a man who was sitting on a stopped motorcycle while...

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