PEOPLE v. SEIT


86 N.Y.2d 92 (1995)

653 N.E.2d 1168

629 N.Y.S.2d 998

The People of the State of New York, Respondent, v. Zenel Seit, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1995.


Attorney(s) appearing for the Case

Steven R. Kartagener, New York City, and David J. Mudd for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Gary Fidel and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge SIMONS; Judge BELLACOSA dissents and votes to reverse in a separate opinion.


SIMONS, J.

Defendant has been convicted of murder in the second degree for killing Thomas Gonzales. Gonzales, a tenant of defendant, went to defendant's apartment to get a receipt for past rent paid so that he could show it to the Marshal and thereby avoid eviction. Defendant refused to give Gonzales the receipt at that time and an argument ensued which resulted in defendant shooting him.

The altercation...

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