People v. Herring

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. During an early morning altercation in a crowded parking lot outside a nightclub in Rockland County, defendant Carlos Her*1095ring repeatedly shot and killed one man, wounded another and brandished his revolver at a third man. He was subsequently charged with second-degree murder, second-degree assault, second- and third-degree weapon possession and second-degree menacing. After a trial where defendant presented the defense of justification, the jury acquitted him of menacing and convicted him of the other…