People v. Simon

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered June 10, 2004, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In 2004 the defendant was tried on murder charges arising from a 1987 shooting. Prior to the shooting, the defendant was engaged in a verbal dispute with the victim’s brother, who threw a stick at him. The defendant then retrieved a gun from his apartment and went back outside, encountering the…