People v. Vargas

Judgment, Supreme Court, Bronx County, rendered June 29, 1973, convicting the defendant of manslaughter in the first degree and possession of a weapon as a felony, unanimously reversed, on the law and in the interests of justice, and a new trial directed. Defendant had been the victim of an attempted robbery by Lopez and Delgado. Defendant returned with his cousin Alicea. Alicea was carrying a black pistol inside a brown bag. Delgado ran into a building and Lopez was following. Lopez was shot and Delgado, looking out of a second-story window, saw Alicea in front of the building pointing the…