People v. Lagana

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 1, 1973, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. Defendant was convicted of manslaughter in the first degree as a lesser included charge, following his trial on an indictment for murder. In our opinion, the evidence adduced at the trial was legally insufficient to warrant the conviction and hence the indictment must be dismissed (CPL 470.20, subd. 2). The evidence was wholly circumstantial.…