People v. Slaughter

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly determined that the proof was insufficient to sustain the conviction of second degree murder and possession of a sawed-off shotgun. The evidence at trial showed that Trevor Thompson was shot in the neck with a sawed-off shotgun wielded by Samuel Wysinger, who had an ongoing, violent dispute with Thompson. Defendant-respondent Milton Slaughter was a close friend of Wysinger.

A few minutes before the shooting, Thompson and several of his friends saw Wysinger, with a black bag…