People v. La Mountain
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Harvey, J.
Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered September 11, 1986, upon a verdict convicting defendant of the crime of murder in the second degree.
On December 31, 1985, at approximately 1:30 a.m. in the Port Tavern in the City of Albany, defendant engaged in a fight with the bartender, decedent Carl Shumway. The two were the sole remaining persons in the bar at that time. During the course of the fight, defendánt knocked Shumway to the floor, kicked him, punched him and jumped on his chest, thereby fracturing Shumway’s ribs and breastbone…
2Cases cited12 opinions
- People v. ContesNew York Court of Appeals · 1983
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- People v. CarrasquilloNew York Court of Appeals · 1981
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