People v. McPherson

Belen, J. (dissenting).

The defendant spent the evening of October 18, 2007, drinking with his girlfriend, cousin, and a friend at a nightclub in Hempstead, New York. According to the friend, in a parking lot near the nightclub later that evening, the defendant became upset at having lost something, appeared to be looking for the lost item in the trunk of his vehicle, and began arguing with his girlfriend. At approximately 3:15 a.m., several witnesses heard gunshots, although no witness reported seeing the defendant fire a gun. The defendant then angrily ordered the friend to leave with his…