PEOPLE v. PERDUE

1148 KA 18-00927.

203 A.D.3d 1638 (2022)

163 N.Y.S.3d 737

2022 NY Slip Op 01711

The People of the State of New York, Respondent, v. Thomas P. Perdue, Appellant.

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

Decided March 11, 2022.


Attorney(s) appearing for the Case

MARK D. FUNK , CONFLICT DEFENDER, ROCHESTER ( KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DANIEL GROSS OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.


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 one count of assault in the second degree (Penal Law § 120.05 [2]) and two counts of criminal possession of a weapon in the second degree (§ 265.03[1][b]; [3]). The conviction arises from an incident in which defendant, following an argument between the victim and another person, shot the victim...

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