People v. D'Amico

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

After an incident in which defendant shot and killed one person and assaulted and attempted to kill another, he was indicted for second degree murder, second degree attempted murder, second degree assault and criminal possession of a weapon in the second and third degrees. Thereafter, to facilitate an agreement reached after extensive plea negotiations, a felony complaint was filed charging defendant with first degree criminal use of a firearm in connection with the same incident. Defendant was held for…