Defendant was charged in a one count indictment with manslaughter in the first degree (Penal Law § 125.20) based on the allegation that "with intent to cause serious physical injury to Fermin Arzu, [defendant] did cause the death of Fermin Arzu by shooting him with a handgun." At the time of the shooting, defendant was an off-duty police officer.
At trial, defendant testified that on May 17, 2007, at 11:30 P.M., after hearing a loud noise that sounded like a...
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