People v. Heatley

OPINION OF THE COURT

Scudder, P.J.

Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]) in connection with the stabbing death of the victim. It is undisputed that the altercation between defendant and the victim occurred outside the two-family residence where they each had attended separate parties and, although several other guests also were outside, there were no witnesses to the altercation.

I

Contrary to defendant’s contention, County Court’s determination that a prosecution witness was not an agent of the government when…