People v. Diaz

—Yesawich Jr., J.

Appeal from a judgment of the County Court of Montgomery County (Going, J.), rendered August 2, 1996, upon a verdict convicting defendant of the crimes of manslaughter in the first degree and criminal possession of a weapon in the second degree.

On June 27, 1995, a group of individuals was assembled at the corner of Main Street and John Street in the City of Amsterdam, Montgomery County, when an argument erupted be*699tween Luis Cabrera and defendant’s brother, Abimael Manso Diaz. There was testimony that during the argument, defendant came out of a nearby store and told some…