People v. Garcia

Judgment, Supreme Court, Bronx County (Fred W. Eggert, J.), rendered December 20, 1990, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 7 to 21 years, unanimously affirmed.

Defendant and a codefendant were jointly indicted and tried for the intentional murder of Hardy Holmes, with the codefendant waiving a jury trial. The trial court acquitted the codefendant and the jury returned a verdict of guilty of manslaughter in the first degree as against defendant.

We reject defendant’s contention that Holmes’ statement to his mother at the…