People v. Sanchez

98 N.Y.2d 373 (2002)

777 N.E.2d 204

748 N.Y.S.2d 312

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

OSWALDO SANCHEZ, Appellant.

Court of Appeals of the State of New York.

Argued April 25, 2002.

Decided July 9, 2002.

Reyna E. Marder, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Solomon Neubort and Leonard Joblove of counsel), for respondent.

Chief Judge KAYE and Judges WESLEY and GRAFFEO concur with Judge LEVINE; Judges SMITH and ROSENBLATT dissent and vote to reverse, reduce the conviction to manslaughter in the second degree and remit for…