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People v. Hernandez

Appellate Division of the Supreme Court of New York, First Department
Nov 26, 1996
233 A.D.2d 273 (N.Y. App. Div. 1996)

Opinion

November 26, 1996.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered January 7, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 7 to 21 years, unanimously affirmed.

Before: Rosenberger, J.P., Rubin, Ross, Tom and Andrias, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v Bleakley, 69 NY2d 490). Defendant's intent to cause serious physical injury was established by testimony that, after urging a group of friends to arm themselves with bottles and rocks in order to confront another group about derogatory comments that they had made, defendant took out a gun, pointed it at members of the group who stood about twenty feet away and fired one shot at the group and a second shot as he fled from the scene.


Summaries of

People v. Hernandez

Appellate Division of the Supreme Court of New York, First Department
Nov 26, 1996
233 A.D.2d 273 (N.Y. App. Div. 1996)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRAGIDO HERNANDEZ…

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

Date published: Nov 26, 1996

Citations

233 A.D.2d 273 (N.Y. App. Div. 1996)
650 N.Y.S.2d 539

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