PEOPLE v. PAGAN


159 A.D.2d 6 (1990)

The People of the State of New York, Respondent, v. Samuel Pagan, Appellant

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

July 12, 1990


Attorney(s) appearing for the Case

Lawrence B. LaRaus of counsel (Peter D. Coddington with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

Manuel Nelson Zapata for appellant.

MURPHY, P. J., ELLERIN, WALLACH and RUBIN, JJ., concur; MILONAS, J., dissents in part in a separate opinion.


Per Curiam.

The issue on this appeal is whether the evidence in this largely circumstantial case is sufficient to sustain defendant's conviction of manslaughter in the first degree.

Contrary to the position of the defendant, we find that this case is not based wholly on circumstantial evidence. The defendant's statements in the ambulance could be interpreted by the jury as...

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