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PEOPLE v. McKENZIE

432 KA 18-01850.

207 A.D.3d 1070 (2022)

170 N.Y.S.3d 457

2022 NY Slip Op 04252

The People of the State of New York, Respondent, v. Donyell J. McKenzie, Appellant.

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

Decided July 1, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONYELL J. McKENZIE, DEFENDANT-APPELLANT PRO SE.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of murder in the second degree (Penal Law § 125.25[1]). In the first of defendant's two prior appeals arising from this incident, we affirmed a judgment convicting him upon a jury verdict of that crime (People v McKenzie, 81 A.D.3d 1375, 1375 [4th Dept 2011...

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