PEOPLE v. LAWRENCE


64 N.Y.2d 200 (1984)

The People of the State of New York, Respondent, v. Patrick Lawrence, Appellant.

Court of Appeals of the State of New York.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Barry Stendig and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Oscar Garcia-Rivera and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES and WACHTLER concur with Judge SIMONS; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge KAYE concurs.


SIMONS, J.

Defendant has been convicted of attempted murder in the second degree, assault in the second degree and criminal possession of a weapon in the second degree. The charges arose out of a barroom incident during which defendant approached a seated patron without preface and grabbed him about the neck in a hammerlock. As he did so, he placed a revolver against the victim's forehead and pulled the trigger...

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