On December 31, 1985, at approximately 1:30 A.M. in the Port Tavern in the City of Albany, defendant engaged in a fight with the bartender, decedent Carl Shumway. The two were the sole remaining persons in the bar at that time. During the course of the fight, defendant knocked Shumway to the floor, kicked him, punched him and jumped on his chest, thereby fracturing Shumway's ribs and breastbone and rupturing his heart. In an apparent attempt...
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