James Perry pulled a gun during the course of a fight, supposedly in order to frighten an assailant, but the weapon "accidentally" fired and killed Anthony Baker.
Although a Brooklyn jury acquitted him of murder and manslaughter, Perry was convicted of negligent homicide and criminal possession of a weapon in the second degree. When he appealed the weapons-possession charge, Perry claimed he wasn't guilty because he hadn't intended to use the weapon.
Notwithstanding the support he received from the Appellate Division, Second Department, our state's highest court--the New York State Court of Appeals--found against Perry. It was of the view the gun charge needed to stick because the weapon's display wasn't a justified "emergency measure"--particularly since Perry never claimed to be "frightened" or concerned that he would be "killed or gravely harmed."
Who brings a gun to a knife fight?
To view a copy of the Court of Appeals' decision, please use this link: People v. Perry