PEOPLE v. DAVENPORT

Ind. No. 3150/15. Appeal No. 17205. Case No. 2019-1029.

215 A.D.3d 576 (2023)

187 N.Y.S.3d 226

2023 NY Slip Op 02086

The People of the State of New York, Respondent, v. Lamar Davenport, Appellant.

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

Decided April 25, 2023.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of Appellate Defender, New York ( Karen Brill of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.

Concur— Renwick, A.P.J., Webber, Singh, Rodriguez, Higgitt, JJ.


Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered January 17, 2019, convicting defendant, after a nonjury trial, of manslaughter in the first degree, and sentencing him to a term of 20 years, unanimously affirmed.

The court, sitting as trier of fact in this nonjury trial, correctly declined to consider the affirmative defense of lack of criminal responsibility by reason of mental disease or defect under Penal Law § 40.15. Although it is...

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