People v. Culpepper

Judgment of the Supreme Court, New York County (Berman, J.), rendered February 16, 1983, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of from 15 years to life imprisonment, is unanimously modified, on the law and facts, to reduce defendant’s conviction from murder in the second degree to manslaughter in the first degree, vacate the sentence, remand for resentencing, and otherwise affirmed.

A review of the record shows that the People failed to prove beyond a reasonable doubt any intent by defendant “to cause the *623death” of the victim,…