PEOPLE v. JAVIER


169 A.D.2d 681 (1991)

The People of the State of New York, Respondent, v. Leonardo Javier, Appellant

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

January 31, 1991


On October 23, 1986, defendant, who had been engaged in a long-standing dispute with his upstairs neighbor over excessive noise, fired a gun at close range at a visitor to the upstairs apartment, when they met in the stairway. Although the gun was not recovered, the bullet which lodged in the wall was still warm when recovered by the police. The complainant's testimony, together with the bullet, constituted legally sufficient evidence of reckless endangerment in the second...

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