PEOPLE v. GARGUILIO


57 A.D.3d 797 (2008)

870 N.Y.S.2d 380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW GARGUILIO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

December 16, 2008.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of 15 years' to life imprisonment; as so modified, the judgment is affirmed.

The defendant's contentions that the prosecution failed to present legally sufficient evidence to disprove his justification defense and to establish the elements of murder in the second degree beyond a reasonable doubt are unpreserved for appellate...

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