People v. Brooks

Lawrence, J.,

dissents and votes to reverse the judgment of conviction and dismiss the indictment, without prejudice to the People to re-present any appropriate charges to another Grand Jury (see, People v Beslanovics, 57 NY2d 726), with the following memorandum, in which Mangano, J. P., concurs: On September 22, 1984, at approximately 2:00 p.m., the defendant and Carlton Mack were involved in an altercation in a parking lot which culminated with the defendant, armed with a shotgun, shooting Mack. Mack died eight days later.

While the defendant was indicted for murder in the second degree, he…