People v. De Jesus

OPINION OF THE COURT

Sandler, J.

At about 9:30 p.m. on November 23, 1980, Angel Rodriguez, operator of a social club at 508 East 12th Street, was shot to death in the club. Indicted for the homicide, the defendant was convicted after a jury trial of murder in the second degree. The prosecution’s case rested essentially on the testimony of two witnesses.

*112Norman Diaz testified that he was in the hallway of the building adjoining that in which the social club was located when he heard a shot followed by what he believed, apparently erroneously, to be a second shot. He went outside the building,…