PEOPLE v. HEATLEY

1051 KA 12-02392.

116 A.D.3d 23 (2014)

980 N.Y.S.2d 701

2014 NY Slip Op 1085

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD R. HEATLEY, Appellant.

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

Decided February 14, 2014.


Attorney(s) appearing for the Case

The Abbatoy Law Firm, PLLC, Rochester ( David M. Abbatoy, Jr. , of counsel), for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Nicholas T. Texido of counsel), for respondent.

SCONIERS and VALENTINO, JJ., concur with SCUDDER, P.J.; SMITH concurs in a separate opinion; FAHEY, J., dissents and votes to reverse in a separate opinion.


OPINION OF THE COURT

SCUDDER, P.J.

Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]) in connection with the stabbing death of the victim. It is undisputed that the altercation between defendant and the victim occurred outside the two-family residence where they each had attended separate parties and, although several other guests also were outside, there were no witnesses to...

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