PEOPLE v. HEMPHILL

8849, 1221/13.

173 A.D.3d 471 (2019)

103 N.Y.S.3d 64

2019 NY Slip Op 04646

The People of the State of New York, Respondent, v. Darryl Hemphill, Appellant.

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

Decided June 11, 2019.


Defendant was charged with two counts of second-degree murder in connection with an April 6, 2006 incident in which two-year-old David Pacheco, Jr. was shot and killed by a stray bullet that had entered his mother's minivan as they were driving on Tremont Avenue in the Bronx.

On the date of the incident, which was Easter Sunday, Ronell Gilliam, along with a black male who was wearing a blue sweater or blue shirt, got into a physical fight with a group of men and women...

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