People v. Huffman

Judgment unanimously modified, on the law and facts, by reversing defendant’s conviction for assault, second degree, under the third count of the indictment and vacating the sentence on that count, and otherwise judgment affirmed. Memorandum: Defendant appeals from a judgment entered upon a jury verdict of guilty on three counts of a six-count indictment. The charges arose out of a series of events occurring in the house of John Streb on the evening of August 3 to 4, 1974. As a result of a dispute, defendant was shot by Horace Livingston. Livingston, in turn, was shot and killed by defendant,…