People v. Desmond

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered July 10, 1984, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the trial evidence in a light most favorable to the People, as we must, the People presented evidence sufficient to disprove the defense of justification beyond a reasonable doubt. In particular, one of the witnesses to the incident testified that she could clearly see the victim’s hands and they were empty. The defendant’s contention…