People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered October 12, 1995, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
*405The defendant pointed a sawed-off shotgun at the victim after an argument. He pulled the trigger and the gun discharged, instantly killing the victim. The defendant claimed that he had not known that the gun was loaded and that he only pointed the gun at the victim to scare her.
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2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RegisterNew York Court of Appeals · 1983
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- People v. AlbertNew York Court of Appeals · 1995
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