People v. Chevalier

Tom, J. (dissenting).

I respectfully dissent and vote to affirm the judgment of the Supreme Court.

There is no dispute that at approximately 1:00 a.m. on April 11, 1987, defendant and several of his friends engaged in a fist fight with Lionel Davis (Davis), Alfredo Davis, Fausto Contreras and Hermillion Guillen outside 2091 Amsterdam Avenue (which is located between 163rd and 164th Streets), New York, New York. Once the fight ended, defendant and his friends ran away, while Davis and his friends proceeded to a bar approximately 20 blocks away.

Davis subsequently realized that he had lost some…