People v. Morris

Judgment, Supreme Court, New York County (William J. Davis, J.), rendered November 14, 1986, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him as a predicate felon to an indeterminate term of imprisonment of from 3 Vi to 7 years, unanimously affirmed.

There is no dispute that at midnight on April 1, 1986 defendant and another person were beating Daniel Drum with their fists on the sidewalk. Defendant testified that he punched Drum because Drum had bumped into defendant, breaking his last bottle of wine. Drum testified that he was listening…