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ID of alleged shooter admissible at trial

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LOCKPORT – The victim’s identification of the man who allegedly shot him seven times will be admissible at a trial scheduled to begin Monday in Niagara County Court.

Judge Matthew J. Murphy III ruled Tuesday that the statement of John Petty to Niagara Falls Officer Daniel Haney that he was shot by Cordarise Houston can be used at Houston’s trial on attempted murder and other charges.

Haney testified that he was sent to Petty’s Cudaback Avenue apartment shortly before 1 a.m. May 26 after Petty called 911. “Walking into the front room, we could smell the gunpowder. We could see the cloud. It was obvious it just happened,” Haney said.

He said Petty, 24, was lying on the floor in a pool of blood. Haney said he asked the victim who he was and who shot him. “Cordarise Houston,” Petty replied. Haney said he had Petty repeat it because he had trouble understanding the first name.

Petty had given the same information to a 911 dispatcher. Houston, 24, of 70th Street, was arrested two days later in a Niagara Falls Boulevard motel room. Defense attorney Angelo Musitano said Petty now claims to have lost his memory of the shooting.

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