PEOPLE v. SHAW


65 A.D.2d 695 (1978)

The People of the State of New York, Respondent, v. Alex Shaw, Appellant

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

November 9, 1978


The evidence clearly established that the defendant fired a shot that struck the deceased in the abdomen resulting in his death. The aberrational behavior of the defendant in connection with this incident clearly raised a very substantial issue as to his state of mind at the time, whether he intended to fire the shot at all, and if so, whether he intended to kill the deceased. In this context, an illustration used by the trial court in his charge on intent may inadvertently...

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