People v. Fabian

OPINION OF THE COURT

Edward M. Davidowitz, J.

The transcript of the Grand Jury proceedings discloses that on January 6 or January 7, 1992, near Walton and East Eden Avenues, a gunfight broke out between defendants after Peguero had an argument with Fabian’s wife. No one was injured and the parties eventually separated. The first through sixth counts of the indictment relate to this incident. They charge defendants with attempted murder, criminal possession of a weapon and reckless endangerment.

On January 9th, at 2:45 p.m., near the same intersection, defendants began to shoot at each other…