PEOPLE v. BROWN


26 N.Y.2d 88 (1970)

The People of the State of New York, Respondent, v. Oneal Brown, Appellant.

Court of Appeals of the State of New York.

Decided January 21, 1970.


Attorney(s) appearing for the Case

John A. Van Etten for appellant.

Frank A. Gualtieri, District Attorney (John K. Holcombe, Sr. of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.


BERGAN, J.

The main issue in this case, where appellant has been convicted of murder in the second degree, is whether he acted in self-defense. In turn this depends on the proof of appellant's contention that the deceased had a pistol drawn when appellant shot him.

One witness for appellant testified to this effect; but several prosecution witnesses testified decedent did not have a pistol in hand when...

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