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PEOPLE v. McCUTCHEON

663 KA 19-00976.

219 A.D.3d 1698 (2023)

197 N.Y.S.3d 627

2023 NY Slip Op 04871

The People of the State of New York, Respondent, v. Tevin McCutcheon, Appellant.

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

Decided September 29, 2023.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 27, 2019. The judgment convicted defendant upon a nonjury verdict of murder in the second degree and criminal possession of a weapon 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 nonjury verdict of murder in the second degree (Penal Law § 125...

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