PEOPLE v. SLAUGHTER


56 N.Y.2d 993 (1982)

The People of the State of New York, Appellant, v. Milton Slaughter, Respondent.

Court of Appeals of the State of New York.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (James Kreindler of counsel), for appellant.

Harvey A. Herbert and Leonard H. Kaplan for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly determined that the proof was insufficient to sustain the conviction of second degree murder and possession of a sawed-off shotgun. The evidence at trial showed that Trevor Thompson was shot in the neck with a sawed-off shotgun wielded by Samuel Wysinger, who had an ongoing, violent dispute with Thompson. Defendant...

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