Judge denies motion to dismiss hate crime count against Tops mass shooter

BUFFALO, N.Y. (WIVB) -- A federal judge on Monday denied a motion to dismiss one of the hate crime counts the Tops mass shooter is facing.

Payton Gendron's attorneys previously filed a motion to dismiss the charge tied to the people who were at the Tops on Jefferson Avenue during the racist attack on May 14, 2022, but not killed or injured.

They argued that it was not directed at a specific, identifiable victim, and therefore should be dismissed.

Judge Lawrence Vilardo...