People v. Beasley

Callahan, J. P.

(dissenting). I do not concur with the rationale enunciated in the majority writing nor in their conclusion to reverse defendant’s conviction of murder in the second degree (Penal Law § 125.25 [1]). Defendant was indicted with two other men (Florence and Washington) for killing Christopher Tuck in Rochester on December 5, 1989. The codefendants were tried separately; Florence was convicted of murder and Washington was acquitted. At defendant’s trial, two eyewitnesses testified that defendant shot Tuck from a distance of six feet. The medical examiner testified that Tuck was…