People v. Alling

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered December 3, 1984, upon a verdict convicting defendant of the crime of manslaughter in the second degree.

The instant appeal arises out of a shooting incident which occurred during the early morning hours of July 27, 1984 and resulted in the death of Fred Wagner. Wagner, defendant, as well as the other principal parties involved in the incident, were neighbors and were well acquainted with each other. On the morning of July 26, 1984, Wagner had a fight with his girlfriend and roommate, Ann Rozicki, and beat her.…