Legal Opinion

People v. Garcia

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 1972PublishedCited by 7 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 18, 1972, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence. -Judgment reversed, on the law and in the interests of justice, and new trial ordered, Defendant was convicted of manslaughter in the second degree, for the fatal shooting of Israel Guadalupe in the early morning of August 2, 1968. At the trial, defendant testified that the decedent, without provocation, attacked him with a garbage can and that, when defendant grabbed a rifle from a. compan*984ion to…

2Cases cited5 opinions

  1. Alford v. United StatesSupreme Court of the United States · 1931
  2. United States v. Joseph A. MasinoCourt of Appeals for the Second Circuit · 1960
  3. People v. CarboranoNew York Court of Appeals · 1950
  4. People v. MilksAppellate Division of the Supreme Court of the State of New York · 1902
  5. Purdee v. StateSupreme Court of Georgia · 1903

3Cited by7 opinions

  1. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1978
  3. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. GorhamAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. TrappierAppellate Division of the Supreme Court of the State of New York · 1978

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