Appellate court upholds Dutchess County attempted murder conviction

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POUGHKEEPSIE – The Appellate Division of State Supreme Court, Second Judicial Department has affirmed the conviction of David King Jr. in connection with the June 28, 2013 shooting of another man in the City of Poughkeepsie.

King, now 51, who lived in Poughkeepsie, shot Christopher Clarke of Poughkeepsie four times in his lower body inside a Carroll Street apartment.

King was convicted after a jury trial of attempted murder, assault, criminal possession of a weapon, and criminal contempt.

King contends county court “improvidently exercised its discretion in denying the defendant’s request for an adjournment of the trial to call an expert physician to testify as to the condition of the defendant’s hand at the time he shot the complainant,” the appeal decision wrote.

The appellate justices wrote that King’s lawyer “began representing the defendant more than a year before the trial, made no disclosure of the expert of the defendant’s medical records pursuant to the People’s CPL 240.30 demand, and did not indicate that he had obtained an expert until after the People rested their case.”

The appeals court also ruled that “there was no evidence that objectively supported a belief that the defendant was in danger of being physically harmed by the complainant.”




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