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PEOPLE v. JARVIS

60 A.D.3d 1478 (2009)

876 N.Y.S.2d 592

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DRUE JARVIS, Appellant.

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

Decided March 27, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of murder in the second degree and dismissing count two of the indictment and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]; [b]) and murder in the...

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