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PEOPLE v. McDONALD

1230 KA 18-02416.

189 A.D.3d 2162 (2020)

134 N.Y.S.3d 903

2020 NY Slip Op 07825

The People of the State of New York, Respondent, v. Keith McDonald, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

KEITH McDONALD, DEFENDANT-APPELLANT PRO SE.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of attempted murder in the second degree and dismissing count two of the indictment and as modified the judgment is affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of attempted murder in the first degree (Penal Law §§ 110.00, 125.27[1][a][vii]; [b]), attempted murder in the second degree...

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