People v. Torres

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 6, 1974, convicting him of manslaughter in the first degree and assault in the first degree, upon a jury verdict as modified by the trial court, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No fact issues are raised by this appeal. The defendant’s defense at the trial was justification in that he and his codefendants had been attacked by the deceased, who was wielding a garrison belt. In addition to the testimony of the surviving victim and other witnesses to the crime, a…