43 A.D.2d 834 | N.Y. App. Div. | 1974
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 1, 1973, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. Defendant was convicted of manslaughter in the first degree as a lesser included charge, following his trial on an indictment for murder. In our opinion, the evidence adduced at the trial was legally insufficient to warrant the conviction and hence the indictment must be dismissed (CPL 470.20, subd. 2). The evidence was wholly circumstantial. The decedent died as the result of gunshot wounds inflicted on the sidewalk in front of a discotheque in Brooklyn at about 1:45 a.m. on August 3, 1970. Defendant fled from the scene in a vehicle. He was bleeding profusely from his face at the time from injuries which he might