It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, murder in the second degree (Penal Law § 125.25[1]). The case arose from an incident outside a nightclub in which the victim sustained a fatal gunshot wound to the chest. Just prior to the shooting, spectators had gathered around a fistfight involving the victim. After shots were fired...
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