Legal Opinion

People v. Lee

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1990PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s principal claim on appeal from conviction of second degree manslaughter is that the verdict is not supported by the evidence. We disagree. Defendant was seen swinging a knife in the victim’s face immediately prior to a bar fight in which the victim was fatally stabbed. He was overheard arguing with the victim prior to the fight. Defendant also waved the knife over his head immediately after the fight. This evidence was legally sufficient to establish that defendant recklessly caused the victim’s death (see, Penal Law § 125.15 [1]; People…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. LicitraNew York Court of Appeals · 1979
  3. People v. CostelloAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. HollidayAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by1 opinion

  1. People v. ColeyAppellate Division of the Supreme Court of the State of New York · 2001

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