PEOPLE v. GAINER

2014-11595. Ind. No. 236/13.

207 A.D.3d 745 (2022)

172 N.Y.S.3d 454

2022 NY Slip Op 04736

The People of the State of New York, Respondent, v. Tyrone Gainer, Appellant.

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

Decided July 27, 2022.


Attorney(s) appearing for the Case

Justin C. Bonus , Forest Hills, NY, for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Avshalom Yotam of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Miller and Zayas, JJ., concur.


Ordered that the judgment is affirmed.

The defendant shot and killed the decedent inside a diner during the early morning hours of January 6, 2013, following a confrontation between the defendant and the decedent's girlfriend moments earlier. After a jury trial, during which the defendant claimed he shot the decedent in self-defense, the defendant was convicted of murder in the second degree and criminal possession of a weapon in the second degree.

The defendant...

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