People v. Dunkley

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered March 15, 1991, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The testimony at trial established that the defendant, a juvenile offender, shot and killed the decedent, who had a history of harassing the defendant. The defendant admitted to the police that he had shot the decedent, but claimed that the gun went off while the two were struggling for the gun. However, the forensic evidence established that…