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FLATBUSH, N.Y. (WABC) — Gov. Andrew Cuomo’s first deputy counsel was shot Monday morning in the pre-festival violence that happened in Brooklyn Monday morning.

Carey Gabay, 43, was shot in the head on Bedford Avenue near the intersection of Montgomery Street in Flatbush at about 3:45 a.m.

Officials said Gabay was with his brother and they walked past an argument where shots were fired, and he was struck by at least one bullet.

Gabay was rushed the hospital where he’s in critical condition.

The shooting was among other violence that broke out before the annual J’Ouvert Festival that left one person dead and four injured, including Gabay.

Before being appointed Gov. Cuomo’s first deputy counsel in January, Gabay served as assistant counsel to the governor since 2011, according to his biography on the govenor’s website. Prior to working for the governor, Gabay was a banking and finance associate at Jones Day from 2007 to 2009, and a structure products associate at Schulte Roth & Zabel LLP from 2002 to 2007. He has a B.A. from Harvard College and a J.D. from Harvard Law School.

Stay with abc7NY for the latest on this developing story.