PEOPLE v. GARCIA


64 A.D.2d 555 (1978)

The People of the State of New York, Respondent, v. Andres Garcia, Appellant

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

July 13, 1978


The evidence pertinent here may be briefly summarized. One Harris, who had been drinking, had an argument with defendant, in the course of which defendant pulled a gun, which he pointed up in the air. Harris lunged for the gun and a struggle ensued, during which the pair fell between two doors, out of sight, and the gun went off. Harris was found dead. There was no evidence that defendant pointed the gun at Harris or otherwise evinced any intent to do any specific thing....

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