A state Appellate Court has thrown out the murder conviction of a Rochester man because the jury came to the wrong conclusion about his motivation.
In 2003, a jury found Antoine Parris acted with depraved indifference to human life -- and did not commit intentional homicide -- when he shot and killed a man outside a Rochester store.
The appellate judge, however, concluded that Parris intended to kill the victim, Blase Kelly.
Parris is serving 26-years to life at Attica but is likely to be released soon.