PEOPLE v. SYLVESTRI


161 A.D.2d 361 (1990)

The People of the State of New York, Respondent, v. Jose Sylvestri, Appellant

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

May 10, 1990


Mariano Montilla began a fight with Wilfredo Morrero. Montilla picked up a wooden stick and swung it at Morrero's head. The two ended up wrestling each other to the ground. While Montilla had Morrero pinned down, defendant raised a two-by-four piece of wood and struck Morrero in the head. Morrero was taken to the hospital and died of his injuries several days later. The fight was witnessed by James Hackett and Gregorio Velazquez.

Defendant urges that his actions were...

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