People v. Gonzalez

Appeal by the defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered December 16, 1985, convicting him of manslaughter in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of criminal use of a firearm in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

On April 24, 1985, the defendant shot at Carlos Diaz, but instead hit Raoul…