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PEOPLE v. DIXON

62 A.D.3d 1036 (2009)

878 N.Y.S.2d 495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ASHTON DIXON, Also Known as ASHMATIC, Appellant.

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

Decided May 7, 2009.

MERCURE, J.

Following an incident involving a fight between rival gang factions that ended with gunshots fired by defendant, he was charged in an indictment with numerous crimes arising out of his participation in the fight. The first three counts of the indictment charged defendant and his three codefendants with attempted gang assault in the first degree and assault in the second degree (two counts); the remaining charges were made against defendant alone.

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