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PEOPLE v. SPENCER

870 KA 17-01363.

191 A.D.3d 1331 (2021)

140 N.Y.S.3d 656

2021 NY Slip Op 00725

The People of the State of New York, Respondent, v. Marquille Spencer, Appellant.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD ( LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-APPELLANT.

CAROLINE A. WOJTASZEK , DISTRICT ATTORNEY, LOCKPORT ( LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of murder in the second degree (Penal Law § 125.25[1]) and criminal possession of a weapon in the second degree (§ 265.03[3]) arising from an October 26, 2015 shooting, and additionally convicting him upon a plea of guilty of attempted murder in the second degree (§§ 110.00, 125.25...

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