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People v. Javier

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 681 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).


On October 23, 1986, defendant, who had been engaged in a long-standing dispute with his upstairs neighbor over excessive noise, fired a gun at close range at a visitor to the upstairs apartment, when they met in the stairway. Although the gun was not recovered, the bullet which lodged in the wall was still warm when recovered by the police. The complainant's testimony, together with the bullet, constituted legally sufficient evidence of reckless endangerment in the second degree, and we find the verdict accorded with the weight of the evidence. (People v Bleakley, 69 N.Y.2d 490.)

Concur — Sullivan, J.P., Carro, Rosenberger, Ellerin and Kupferman, JJ.


Summaries of

People v. Javier

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 681 (N.Y. App. Div. 1991)
Case details for

People v. Javier

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARDO JAVIER…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 681 (N.Y. App. Div. 1991)
565 N.Y.S.2d 60

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