PEOPLE v. WALKER


64 N.Y.2d 741 (1984)

The People of the State of New York, Respondent, v. Robert Walker, 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 (Susan Corkery and Norman Barclay of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The evidence showed that the defendant, in the culmination of a long-standing disagreement, shot and killed the victim in a bar after an argument over money, which the victim claimed was owed him, and after the victim placed his hand on the defendant's plate of food. Under these circumstances the trial court was not obligated to charge the affirmative...

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