People v. Garcia

Judgment of conviction of manslaughter, first degree, and felonious possession of a weapon, Supreme Court, Bronx County, rendered July 20, 1977, unanimously modified, on the law, the case remanded for a new trial on the homicide count, and otherwise affirmed. The evidence pertinent here may be briefly summarized. One Harris, who had been drinking, had an argument with defendant, in the course of which defendant pulled a gun, which he pointed up in the air. Harris lunged for the gun and a struggle ensued, during which the pair fell between two doors, out of sight, and the gun went off. Harris…