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PEOPLE v. BERRY

No. 26

27 N.Y.3d 10 (2016)

49 N.E.3d 703

2016 NY Slip Op 02283

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVER BERRY, Also Known as CHRIS TUCKER, Appellant.

Court of Appeals of New York.

Decided March 29, 2016.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, Appellate Advocates, New York City (Erica Horwitz of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Rona I. Kugler and John M. Castellano of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

A near collision on July 16, 2002 at the intersection of Foch Boulevard and Guy R. Brewer Boulevard in Queens, New York, led to a heated argument between defendant and Korin Bush, a passenger in a vehicle being driven by Josiah Salley. The confrontation lasted for a considerable period of time — 5...

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