People v. Barker

Appellate Division of the Supreme Court of New York

People v. Barker

250 A.D.2d 444, 671 N.Y.S.2d 662, 1998 N.Y. App. Div. LEXIS 5613

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 1998

StatusPublished

This text of 250 A.D.2d 444 (People v. Barker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barker, 250 A.D.2d 444, 671 N.Y.S.2d 662, 1998 N.Y. App. Div. LEXIS 5613 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered March 25, 1996, convicting defendant, after a nonjury trial, of manslaughter in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of defendant’s conduct before, during, and after his attack upon the victim provided ample evidence that defendant was not so intoxicated that he could not form an intent to cause serious physical injury. Concur — Sullivan, J. P., Rosenberger, Williams and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered March 25, 1996, convicting defendant, after a nonjury trial, of manslaughter in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of defendant’s conduct before, during, and after his attack upon the victim provided ample evidence that defendant was not so intoxicated that he could not form an intent to cause serious physical injury. Concur — Sullivan, J. P., Rosenberger, Williams and Tom, JJ.

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Bluebook (online)

250 A.D.2d 444, 671 N.Y.S.2d 662, 1998 N.Y. App. Div. LEXIS 5613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barker-nyappdiv-1998.