People v. Orengo

S. Miller, J.,

dissents and votes to reverse the order appealed from, grant the motion, vacate the sentence, and remit the matter to the Supreme Court, Kings County, with the following memorandum, in which Friedmann, J., concurs: I do not agree with the conclusion reached by my colleagues in the majority that the record demonstrates the propriety of the defendant’s sentencing. I therefore dissent.

The defendant’s conviction stemmed from an incident during *346which he fatally shot an acquaintance in a Brooklyn grocery store. The defendant, who was apparently drunk, became embroiled in a verbal…