People v. Lagana

Defendant was indicted for murder arising out of the shooting death of Joseph Pendolino. Following a trial, he was found guilty of manslaughter* first degree, which had *73been submitted to the jury as a lesser included crime. The Appellate Division, holding that the evidence adduced at trial was legally insufficient to warrant a conviction, reversed the judgment of conviction and dismissed the indictment.

The evidence against defendant was wholly circumstantial. Viewed most favorably to the People, the evidence shows that shortly before Pendolino was shot on August 3, 1970, he and defendant were…