PEOPLE v. FLUELLEN


2 A.D.3d 286 (2003)

769 N.Y.S.2d 259

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY FLUELLEN, Appellant.

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

December 18, 2003.


The verdict convicting defendant of first-degree reckless endangerment was based on legally sufficient evidence and was not against the weight of the evidence. The evidence permitted the jury to reasonably conclude that, during a struggle with the victim, defendant squeezed the trigger of his weapon and fired a shot, and that the weapon did not merely discharge as the result of the victim's actions. Defendant's conduct evinced depraved indifference to the life of the victim...

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