People v. Morales

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered January 3, 1985, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The evidence adduced at trial supported a finding that the defendant was the aggressor and was in no manner threatened by the decedent, who was seated on the pavement, having been knocked down by a blow from a "two-by-four” piece of wood by another attacker. While the decedent was so seated and bare-handed, the defendant came behind the decedent and…