State v. Macchia, et al.

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Summary

J. Wainer Apter finds that the appellate division properly upheld the reckless manslaughter conviction imposed upon defendant, an off-duty police officer whose gun went off and killed a fellow bar patron with whom he got into several fights. Juries do not have to unanimously agree on rejecting self-defense arguments, and the prosecutor demonstrated the officer provoked the other patron into the final fight. Affirmed.

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