People v. Montes

Memorandum: In the early morning hours of February 22, 1992, defendant Danny Montes was ejected from Costa’s Inn, a bar in the City of Rochester. A bar patron, Jose Jimenez, interjected himself into the situation by repeatedly asking the bartender whether he required assistance. Ultimately, Danny’s brother, defendant Endeni Montes, punched Jimenez. Jimenez responded by pulling a gun from his pocket and firing several shots. Endeni was struck in the shoulder by a bullet. Jimenez then fled, with defendants and their brother-in-law in pursuit. Endeni stopped to retrieve an aluminum baseball bat…