PEOPLE v. LOPEZ


194 A.D.2d 62 (1993)

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

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

December 2, 1993


Attorney(s) appearing for the Case

Roger M. Fritts, Public Defender, Albany (Raymond Kelly of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County (Risa Viglucci of counsel), for respondent.

WEISS, P. J., MAHONEY and CASEY, JJ., concur with MERCURE, J.; CARDONA, J., dissents in a separate opinion.


MERCURE, J.

On September 17, 1989, defendant entered the home of Tammis Groft in the City of Albany and stabbed her in the chest with a knife. Groft pulled the knife out of her chest and stabbed defendant, who fled the scene. Receiving a report from defendant's employer that defendant had suffered a stab wound, the police arrested defendant on an outstanding bench warrant for failure to pay a fine on a disorderly...

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