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PEOPLE v. LEWIS

2016-12489. Ind. No. 263/15.

189 A.D.3d 887 (2020)

136 N.Y.S.3d 424

2020 NY Slip Op 07224

The People of the State of New York, Respondent, v. Marcus S. Lewis, Appellant.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Laurette D. Mulry , Riverhead, NY ( Kirk R. Brandt of counsel), for appellant, and appellant pro se.

Timothy D. Sini , District Attorney, Riverhead, NY ( Caren C. Manzello of counsel), for respondent.

Mastro, J.P., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was charged with murder in the second degree arising out of a shooting that occurred in September, 2010. The trial evidence established, inter alia, that on the night of the incident, both the victim and the defendant were present in a strip club in West Babylon. According to the testimony of a witness, the victim left the club along with a friend, and they walked to an adjacent gas station convenience store. Moments...

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