PEOPLE v. LOPEZ


127 A.D.2d 234 (1987)

The People of the State of New York, Respondent, v. Benito Lopez, Appellant

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

April 23, 1987


Attorney(s) appearing for the Case

Bruce J. Cohen for appellant.

Laura M. Barnhill of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER, J. P., KASSAL and WALLACH, JJ., concur with ASCH, J.; ROSS, J., dissents in a separate opinion.


ASCH, J.

The facts are essentially those set forth in the dissent. As the dissent correctly states, the defendant initially gave answers in the plea allocution inconsistent with his plea. He denied that he had intended to cause serious physical injury to the deceased, a required element of manslaughter in the first degree. He also raised the claim of self-defense. However, the further inquiry pursued by the...

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