PEOPLE v. MENDEZ


197 A.D.2d 485 (1993)

603 N.Y.S.2d 44

The People of the State of New York, Respondent, v. Rafael Mendez, Also Known as Ruben Mendez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 1993


Evidence at trial that defendant pointed his revolver at the officer's midsection from a distance was insufficient to prove attempted murder in the first degree, there being no proof that defendant had his finger on the trigger (compare, People v Moore, 165 A.D.2d 884, 885, lv denied 76 N.Y.2d 989; People v Jenkins, 184 A.D.2d 731, lv denied 81 N.Y.2d 790; People...

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