Opinion
September 22, 1992
Appeal from the Supreme Court, New York County (Alfred H. Kleiman, J.).
Evidence adduced at trial established that the defendant, along with his accomplices, ambushed their unarmed victim. The ensuing fusilade from the group's automatic weapons resulted in the death of an innocent bystander. This evidence was clearly sufficient to negate beyond any reasonable doubt any theory of justification. The jury was apprised of the unsavory character of some of the People's witnesses, especially that of the intended victim who admitted to a dispute with one of the assailants and that he often carried a weapon. In the circumstances, no view of the evidence establishes a justification defense (see, People v Collice, 51 A.D.2d 1061).
Concur — Sullivan, J.P., Carro, Milonas, Wallach and Kupferman, JJ.