People v. Samba

97 A.D.3d 411, 948 N.Y.2d 58

This text of 97 A.D.3d 411 (People v. Samba) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Samba, 97 A.D.3d 411, 948 N.Y.2d 58 (N.Y. Ct. App. 2012).

Opinion

[412]*412At trial, Rashad Blake, the victim of the assault, testified as follows: Shortly after 11:00 p.m. on May 30, 2009, defendant approached Blake and his friend, Keith Edwards, on West 111th Street in Manhattan. Blake and Edwards had known defendant for several years. During a verbal exchange concerning Blake’s brother, defendant removed a gun from his vest. Defendant stepped back and pointed his gun at Blake’s waist. When Blake stepped forward, defendant hit Blake in the head with “the butt of the gun.” As defendant hit him, Blake heard the gun “[go] off [with] a loud pop” sound. Blake fell to the ground, not knowing if he had been shot or hit with the gun. Blake lost consciousness, and when he came to, his head was bleeding and he was in pain. Edwards also testified and corroborated Blake’s testimony. Edwards explained that the sound he heard when Blake was hit “was a gunshot like.”

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Bluebook (online)
97 A.D.3d 411, 948 N.Y.2d 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-samba-nyappdiv-2012.