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PEOPLE v. WAGGONER

389 KA 19-01868.

218 A.D.3d 1221 (2023)

194 N.Y.S.3d 864

2023 NY Slip Op 04017

The People of the State of New York, Respondent, v. David Waggoner, Appellant.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

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

PATRICK E. SWANSON , DISTRICT ATTORNEY, MAYVILLE ( AMBER L. PAYNE OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., Montour, Ogden and Greenwood, JJ.

Appeal from a judgment of the Chautauqua County Court (David W. Foley, J.), rendered June 10, 2019. The judgment convicted defendant upon a jury verdict of murder in the second degree.

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 murder in the second degree (Penal Law § 125.25 [1]). The conviction stems from an incident in which defendant...

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